by Melissa Day | Feb 22, 2021 | MAD News, NYS Workers Compensation
In Matter of Darcon Construction, Inc., 2011 NY Wrk Comp. G0223167, the Board stated that the liable carrier in an occupational disease situation would be the employer’s general workers’ compensation carrier, thereby relieving carriers on wrap-up policies of...
by Melissa Day | Feb 15, 2021 | MAD News, NYS Workers Compensation
This was an established neck and back claim. The issue for litigation was further causally related lost time. The claimant sustained an unrelated motor vehicle accident in February involving various body sites, including her neck and back. As we reviewed the file,...
by Melissa Day | Feb 8, 2021 | MAD News, NYS Workers Compensation
One issue that I have come across several times in my legal career is whether or not a claimant qualifies as an independent contractor or an employee. The Board Panel recently reviewed this issue in the case of Matter of Clare Hayduscko, 219 N.Y. Wrk. Comp. 40708094...
by Melissa Day | Feb 1, 2021 | MAD News, NYS Workers Compensation
This was a claim which was established in 2018, where despite substantial opportunity with her own medical providers, the claimant failed to report that she had returned to work after the accident of this file. The issue was aggressively litigated for fraud, as the...
by Melissa Day | Jan 25, 2021 | MAD News, NYS Workers Compensation
The claimant injured his back working as a mechanic for a car dealership. In November 2019 his wife’s niece requested on Facebook for recommendations for someone who could remodel her bathroom. The claimant’s wife responds that her husband, the claimant, is really...
by Melissa Day | Jan 19, 2021 | MAD News, NYS Workers Compensation
Matter of Jacobi is a case that drastically altered how change in conditions for classified claimants are handled. If you recall, for a period of time once a claimant was classified their rate didn’t change to total – even if their doctor said they were totally...
by Melissa Day | Jan 11, 2021 | MAD News, NYS Workers Compensation
Recently, we have been successful in getting claims dismissed for failing to comply with WCL Section 18. As part and parcel of those determinations, the Board has to make a determination that the employer was prejudiced by the late notice. It is the claimant’s...
by Melissa Day | Jan 4, 2021 | MAD News, NYS Workers Compensation
What do you do when a claimant makes a claim for both noise-induced hearing loss AND traumatic hearing loss, under the theory of, “well, it’s gotta be one of those two,” and your Independent Medical Examination on causal relationship’s been precluded under §137? The...