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Oral Argument Video, Burns v. Varriale

Feb 11, 2022 | Firm News, I'm MAD, NYS Workers Compensation

Successfully arguing the influential case of Burns v. Varriale, 9 N.Y. 3d 207 (2007), has been the highlight of Melissa Day’s career as an attorney. You can now watch a video of the oral argument from this case – click here to watch the video.

The video does require a password to view. You can request a password by sending an e-mail to Melissa Day at mday@getMAD.today

Oral Argument Video, Burns v. Varriale

May 2021

Labor Market Attachment and RetirementMay 24, 2021

Claim Disallowance With Unanimous Medical Opinion Giving Causal RelationshipMay 17, 2021

Employers Do Not Have to Prove Prejudice by Late Notice, but it Certainly Doesn’t Hurt To Do So!May 10, 2021

The Claimant’s Burden: Proving the Causal Relationship of an InjuryMay 3, 2021

April 2021

Social Media and Fraud – You’d Be Surprised What People Post!April 26, 2021

Never Give In! Disallowance Win!April 19, 2021

An “Interesting” IME DevelopmentApril 12, 2021

Section 44: Not Even a Portion of Liability For The Occupational DiseaseApril 5, 2021

March 2021

When Do Work From Home Accidents Occur in the Scope and Course of Employment?March 15, 2021

Thoughts on Thinking: A Strange Title About Practicing LawMarch 8, 2021

Genduso and Total Joint Replacement SchedulesMarch 1, 2021

February 2021

Occupational Disease Claims after Matter of Pinnacle Industries II, LLC (2019 NY Wrk Comp G2020587)February 22, 2021

No Further Causally Related Disability Due to Intervening Unrelated AccidentFebruary 15, 2021

Independent Contractor or EmployeeFebruary 8, 2021

No Error of Law or Fact In An Application For Full Board ReviewFebruary 1, 2021

January 2021

Fraud in the Family – Claimant Doing Other Work while Receiving Comp BenefitsJanuary 25, 2021

How Change in Conditions for Classified Claimants Changed DrasticallyJanuary 19, 2021

Success with WCL Section 18January 11, 2021

Doubling Down – 2 Hearing Loss Claims for the Same Claimant Denied on the Same DayJanuary 4, 2021

2020

Successful Disallowance!July 26, 2020

Another Win for The Law Offices of Melissa A. Day!July 22, 2020

A Win for The Law Offices of Melissa A. DayJuly 21, 2020

2019

Melissa A. Day, Esq. invited to join Buffalo Business First Leadership TrustJuly 30, 2019

Claimant’s conviction of unlawful manufacture of methamphetamine does not amount to a violation under WCL 114-a.May 31, 2019

Amendments to 2017 not retroactive if PPD claimant was not attached to labor marketMay 31, 2019

LWEC & IncontinenceMay 28, 2019

A New Quest BeginsMay 21, 2019

2018

Appeals Inventory and FormsDecember 17, 2018

Review of Workers Compensation Board Schedule Loss of Use Frequently Asked Questions and New Permanency FormsDecember 17, 2018

Proposed Changes Submitted Seeking to Expand the Board’s Legal Internship ProgramMay 25, 2018

You’re claiming what?!?May 25, 2018

New SLU Guidelines Presentation by the BoardMay 23, 2018

United States Supreme Court is Considering a Petition for a Writ of Certiorari Of the American Economy DecisionMay 23, 2018

Ricky Costner Jr., 18 Year Old Slain by a Deranged Co-Worker, Honored by Family and FriendsMarch 31, 2018

Schedule Loss of Use Awards – GrrrrrrrrrMarch 31, 2018

2017

Court of Appeals Upholds 2013 Amendment to Section 25-a – Marking the End for The Fund for Reopened CasesOctober 26, 2017

How to Avoid Bad Luck in Your Comp Claims This Friday the 13th – Some Basic Time Constraints for New York State Workers’ Compensation Claims to Keep in MindOctober 12, 2017

Board Finds that Medical Treatment Guidelines Apply to Out of State ClaimantsJune 7, 2017

Permanent Partial Disability “Safety Net”…What to Expect from WCL §35February 5, 2017

Back to the Future: The Return of WCL 25(2-b): Fact-Finding without Judges and Legal Reasoning without LawyersJanuary 18, 2017

2016

It’s the Holiday Season!December 8, 2016

HAPPY HALLO-WEAN!October 31, 2016

TO WEAN, OR NOT TO WEAN, THAT IS THE QUESTION.October 25, 2016

Reopened CasesApril 15, 2016

2015

NY Allows Employer to…November 28, 2015

An Employee Cannot be…November 23, 2015

Vocational and Functional…October 27, 2015

Challenge YourselfSeptember 19, 2015

Labor Market Attachment RefresherSeptember 16, 2015

Summer is Almost Over!September 7, 2015

Claims Handling PerformanceAugust 23, 2015

Answers to the QuizAugust 10, 2015

Average Wages?August 7, 2015

Non-Acute Pain Treatment GuidelinesAugust 5, 2015

Test Your NY Workers’ Compensation ChopsAugust 3, 2015

Liability for Treatment by Social WorkersJuly 21, 2015

MDs, JDs AND TTDsJuly 13, 2015

HOT DOGS OR HAMBURGERS?July 1, 2015

IMEs : The Next Summer Movie Blockbuster or Just Another IME Gone Bust?June 29, 2015

WCB’s Regulatory Agenda May Include…June 14, 2015

An Underwriting Nightmare Come TrueFebruary 5, 2015

Hearing Loss becomes Hearing WinFebruary 5, 2015

2014

Non Acute Pain Medical Treatment Guidelines Offer a Framework for Controlling Costs Associated with Chronic Pain Management, Especially Opioid UseNovember 24, 2014

In Kigin v. WCB, the Court of Appeals upholds the presumption that treatment outside the MTGs is not medically necessary and the attending physician has the burden of proof of the need for a variance.November 23, 2014

The Law Offices of Melissa A. Day, PLLC Won a Finding of a 0% Loss of Wage Earning CapacityNovember 22, 2014

Navigating the Low Back Medical Treatment Guidelines for Chiropractic CareSseptember 12, 2014

2013

Labor Market Attachment and Retirement
May 24, 2021

Claim Disallowance With Unanimous Medical Opinion Giving Causal Relationship
May 17, 2021

Employers Do Not Have to Prove Prejudice by Late Notice, but it Certainly Doesn’t Hurt To Do So!
May 10, 2021

The Claimant’s Burden: Proving the Causal Relationship of an Injury
May 3, 2021

Social Media and Fraud – You’d Be Surprised What People Post!
April 26, 2021

Never Give In! Disallowance Win!
April 19, 2021

An “Interesting” IME Development
April 12, 2021

Section 44: Not Even a Portion of Liability For The Occupational Disease
April 5, 2021

When Do Work From Home Accidents Occur in the Scope and Course of Employment?
March 15, 2021

Thoughts on Thinking: A Strange Title About Practicing Law
March 8, 2021

Genduso and Total Joint Replacement Schedules
March 1, 2021

Occupational Disease Claims after Matter of Pinnacle Industries II, LLC (2019 NY Wrk Comp G2020587)
February 22, 2021

No Further Causally Related Disability Due to Intervening Unrelated Accident
February 15, 2021

Independent Contractor or Employee
February 8, 2021

No Error of Law or Fact In An Application For Full Board Review
February 1, 2021

Fraud in the Family – Claimant Doing Other Work while Receiving Comp Benefits
January 25, 2021

How Change in Conditions for Classified Claimants Changed Drastically
January 19, 2021

Success with WCL Section 18
January 11, 2021

Doubling Down – 2 Hearing Loss Claims for the Same Claimant Denied on the Same Day
January 4, 2021

Successful Disallowance!
July 26, 2020

Another Win for The Law Offices of Melissa A. Day!
July 22, 2020

A Win for The Law Offices of Melissa A. Day
July 21, 2020

Melissa A. Day, Esq. invited to join Buffalo Business First Leadership Trust
July 30, 2019

Claimant’s conviction of unlawful manufacture of methamphetamine does not amount to a violation under WCL 114-a.
May 31, 2019

Amendments to 2017 not retroactive if PPD claimant was not attached to labor market
May 31, 2019

LWEC & Incontinence
May 28, 2019

A New Quest Begins
May 21, 2019

Appeals Inventory and Forms
December 17, 2018

Review of Workers Compensation Board Schedule Loss of Use Frequently Asked Questions and New Permanency Forms
December 17, 2018

Proposed Changes Submitted Seeking to Expand the Board’s Legal Internship Program
May 25, 2018

You’re claiming what?!?
May 25, 2018

New SLU Guidelines Presentation by the Board
May 23, 2018

United States Supreme Court is Considering a Petition for a Writ of Certiorari Of the American Economy Decision
May 23, 2018

Ricky Costner Jr., 18 Year Old Slain by a Deranged Co-Worker, Honored by Family and Friends
March 31, 2018

Schedule Loss of Use Awards – Grrrrrrrrr
March 31, 2018

Court of Appeals Upholds 2013 Amendment to Section 25-a – Marking the End for The Fund for Reopened Cases
October 26, 2017

How to Avoid Bad Luck in Your Comp Claims This Friday the 13th – Some Basic Time Constraints for New York State Workers’ Compensation Claims to Keep in Mind
October 12, 2017

Board Finds that Medical Treatment Guidelines Apply to Out of State Claimants
June 7, 2017

Permanent Partial Disability “Safety Net”…What to Expect from WCL §35
February 5, 2017

Back to the Future: The Return of WCL 25(2-b): Fact-Finding without Judges and Legal Reasoning without Lawyers
January 18, 2017

It’s the Holiday Season!
December 8, 2016

HAPPY HALLO-WEAN!
October 31, 2016

TO WEAN, OR NOT TO WEAN, THAT IS THE QUESTION.
October 25, 2016

Reopened Cases
April 15, 2016

NY Allows Employer to…
November 28, 2015

An Employee Cannot be…
November 23, 2015

Vocational and Functional…
October 27, 2015

Challenge Yourself
September 19, 2015

Labor Market Attachment Refresher
September 16, 2015

Summer is Almost Over!
September 7, 2015

Claims Handling Performance
August 23, 2015

Answers to the Quiz
August 10, 2015

Average Wages?
August 7, 2015

Non-Acute Pain Treatment Guidelines
August 5, 2015

Test Your NY Workers’ Compensation Chops
August 3, 2015

Liability for Treatment by Social Workers
July 21, 2015

MDs, JDs AND TTDs
July 13, 2015

HOT DOGS OR HAMBURGERS?
July 1, 2015

IMEs : The Next Summer Movie Blockbuster or Just Another IME Gone Bust?
June 29, 2015

WCB’s Regulatory Agenda May Include…
June 14, 2015

An Underwriting Nightmare Come True
February 5, 2015

Hearing Loss becomes Hearing Win
February 5, 2015

Non Acute Pain Medical Treatment Guidelines Offer a Framework for Controlling Costs Associated with Chronic Pain Management, Especially Opioid Use
November 24, 2014

In Kigin v. WCB, the Court of Appeals upholds the presumption that treatment outside the MTGs is not medically necessary and the attending physician has the burden of proof of the need for a variance.
November 23, 2014

The Law Offices of Melissa A. Day, PLLC Won a Finding of a 0% Loss of Wage Earning Capacity
November 22, 2014

Navigating the Low Back Medical Treatment Guidelines for Chiropractic Care
Sseptember 12, 2014

DID YOU KNOW? THE BOARD HAS RETIRED THE CONCEPT OF THE COMPENSABLE RETIREMENT. The Death Knell of the Trifecta: Zamora and the so-called “Compensable Retirement”
December 17, 2013

A Blind Leap across an Inscrutable Chasm – Arbitrary and Capricious Loss of Wage Earning Capacity (LWEC) Determinations
November 30, 2013

LESS THAN TWELVE WEEKS REMAINING FOR WCL §25-a! Because Subject # 046-630 Contains Stricter Requirements for Reopening a Claim on the Issue of §25-a, Prudent Carriers and Employers May Want to Refer Applications to Defense Counsel
October 10, 2013

BOARD PROCESS RE-ENGINEERING (“BPR”) – NY WORKERS’ COMPENSATION FORUM MEMBERS SHOULD BE INCLUDED IN THE DIALOGUE
September 13, 2013

DID YOU KNOW? The 2nd Circuit certified a question to the NY Court of Appeals on the exclusivity provision of the WCL?
August 14, 2013

DID YOU KNOW? Twenty Insurance Carriers Have Filed an Action Seeking to Obtain a Declaration that the Elimination of The Fund for Reopened Cases Is Unconstitutional.
August 3, 2013

DID YOU KNOW? THE THIRD DEPARTMENT HOLDS THAT MEDICAL TREATMENT WHICH IS NOT SPECIFICALLY INCLUDED IN THE MTG IS PRESUMPTIVELY NOT MEDICALLY NECESSARY.
July 30 2013

DID YOU KNOW? AN EMPLOYER OR CARRIER MAY BE ABLE TO REOPEN A PPD CLAIM ON THE ISSUE OF LABOR MARKET ATTACHMENT.
July 13, 2013

DID YOU KNOW? A bill being considered by the NY State Legislature which would create a presumption of permanent total disability for claimants who are found eligible for social security?
April 30, 2013

DID YOU KNOW? 25-A IS GOING AWAY.
April 6, 2013

DID YOU KNOW? A chiropractic variance request based on alleged functional improvements and expected continued improvements may not be granted if the chiropractor continues to find that the claimant is totally disabled.
March 13, 2013

DID YOU KNOW? The Federal Government Is Not Subject to the Jurisdiction of the NY Workers’ Compensation Board on a Theory of General/Special Employment?
February 23, 2013

DID YOU KNOW? GOVERNOR CUOMO’S BUDGET PROPOSES TO ELIMINATE MANDATORY DEPOSITS INTO THE ATF AND TO CLOSE THE FUND TO NEW DEPOSITS?
February 5, 2013

DID YOU KNOW? IMPLEMENTATION OF THE CHANGES TO THE MTG HAS BEEN DELAYED UNTIL MARCH 1, 2013.
January 22, 2013