Author Archives: Melissa Day

Claimant’s conviction of unlawful manufacture of methamphetamine does not amount to a violation under WCL 114-a.

In Stone v. Saulsbury/Federal Signal, the carrier argued that upon the claimant’s release from prison following conviction of unlawful manufacture of methamphetamine that the claimant violated WCL §114 – a by failing to report his illegal work activities. The judge found insufficient evidence to establish that the claimant performed any work or made any false… Read More

Amendments to 2017 not retroactive if PPD claimant was not attached to labor market

Amendments to law in 2017, which relieved a PPD claimant from demonstrating LMA  after classification are retroactive if the employee is found attached at the time permanency is established, applies retroactively to a claimant classified with a PPD prior to the amendment if the claimant involuntarily withdrew from the labor market (i.e. – retired due… Read More

Appeals Inventory and Forms

On November 23, 2018, Clarissa M. Rodriguez, Chair of the WCB issued Subject 046-1119, http://www.wcb.ny.gov/content/main/SubjectNos/sn046_1119.jsp, touting the Board’s dubious accomplishment in having reduced the appeals inventory to 3,297 applications awaiting a determination and brandishing a statistic that 92% were decided in less than 6 months. In my opinion, and I believe many practitioners would agree… Read More

New SLU Guidelines Presentation by the Board

Here are some questions that were answered, and some that were not, during the Board’s presentation on the new SLU Guidelines. Question: Please clarify – should claimant’s attorneys and carriers provide both of the new C-4.3 forms to doctors to avoid an appearance that they are suggesting a permanency outcome to the medical provider? Answer:… Read More

United States Supreme Court is Considering a Petition for a Writ of Certiorari Of the American Economy Decision

Plaintiffs in the American Economy Insurance Company case have filed a Petition for a Writ of Certiorari in the United States Supreme Court.  The petition is the mechanism by which plaintiffs request Supreme Court review of the Court of Appeals’ decision finding that the amendment to the statute in 2013 which closed the fund for reopened cases… Read More