Author Archives: Melissa Day

Proposed Changes to §§300.22 and 300.23 – Overpayments

NEW PROCEDURE FOR RECOUPING OVERPAYMENTS AND EDI By Melissa A. Day, 6/26/20 On 6/10/20, the board published proposed changes to 12 NYCRR 300.22 and 300.23, “to reflect updates to the eClaims process that incorporate EDI version 3.1.” The proposed changes address the procedure following a disability event when compensation controverted and when no controversy (12… Read More

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