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Stipulations, Reimbursements, Underpayments. Oh My!

by Melissa Day | Jun 1, 2021 | MAD News, NYS Workers Compensation

In a case was established for the right knee, the claimant ultimately underwent right total knee replacement surgery. At a hearing, various awards were made, credit to New York State, and a $3,500 attorney fee was awarded, to be taken out of the reimbursement to the...

Labor Market Attachment and Retirement

by Melissa Day | May 24, 2021 | MAD News, NYS Workers Compensation

In a contentious hearing, LOMAD prevailed proving that a claimant voluntarily retired, effectively removing herself from the labor market and the claimant’s subsequent part-time job did not support any claim for reduced earnings. The claimant, who worked at a...

Claim Disallowance With Unanimous Medical Opinion Giving Causal Relationship

by Melissa Day | May 17, 2021 | MAD News, NYS Workers Compensation

This was a controverted claim for chemical exposure for an accident which occurred in 2019. The claimant was working as a bus driver and alleged that she was exposed to fuel additives somehow coming out of the heating vents, and that she has been subject to repeat...

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

by Melissa Day | May 10, 2021 | MAD News, NYS Workers Compensation

Workers’ Compensation Law § 18 provides that the claimant must give written notice of an injury to his employer within 30 days of the accident. However, the statute further provides that the failure to give timely written notice may be excused by the Board if it finds...

The Claimant’s Burden: Proving the Causal Relationship of an Injury

by Melissa Day | May 3, 2021 | MAD News, NYS Workers Compensation

In the case of Patrick Feeney, WCB G2489270, we recently had a victory in front of Judge Snyder Haas on the issue of causal relationship of the claimant’s left shoulder and elbow injuries.  This is an established claim per an Amended Proposed Conciliation Decision for...

Social Media and Fraud – You’d Be Surprised What People Post!

by Melissa Day | Apr 26, 2021 | MAD News, NYS Workers Compensation

When we talk about surveillance, we’re usually talking about investigators staking out a claimant, taking videos, trying to catch them doing something outside their restrictions.  It’s an incredibly useful and important tool in our arsenal, especially when it comes to...

Never Give In! Disallowance Win!

by Melissa Day | Apr 19, 2021 | MAD News, NYS Workers Compensation

We got a win disallowing a right shoulder claim in a 01/18/2020 established claim for the upper back and neck. The claimant’s C-3, filed approximately 3 weeks later, listed the right shoulder as a claimed injury. The right shoulder MRI showed bursitis and a partial...

An “Interesting” IME Development

by Melissa Day | Apr 12, 2021 | MAD News, NYS Workers Compensation

We recently handled a claim in which we were attempting to get a finding of 50% degree of disability with regard to temporary rates in the record. Our IME had given an opinion of 50% based on her examination, but the treating physician had consistently opined 100%....

Section 44: Not Even a Portion of Liability For The Occupational Disease

by Melissa Day | Apr 5, 2021 | MAD News, NYS Workers Compensation

The claim was established for occupational disease to the bilateral hands and ankles and the claimant, a landscaper, was ultimately awarded a loss of use of 15% for the hands and 10% for the ankles.   In an attempt to invoke Section 44 apportionment, the carrier on...

When Do Work From Home Accidents Occur in the Scope and Course of Employment?

by Melissa Day | Mar 15, 2021 | MAD News, NYS Workers Compensation

As we approach the one-year anniversary of the beginning of the COVID-19 pandemic, many employers still require their employees to work from home. However, most employers likely do not realize the implications this responsible decision can have on potential workers’...
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  • The Team
    • Attorneys
    • Legal Assistants and Paralegals
    • Careers
  • Client Resources
    • Workers’ Compensation Practice Aids
      • PPD Caps
      • Max Rates
      • SLU/PHP
      • New York Workers’ Compensation Forum
    • Case Law Updates
    • LOMAD News, Events, and Articles
      • LOMAD Event Calendar
  • LOMAD Magazine
  • LOMADtv
    • Lawyers & Friends
    • The Daly Grind
    • The Legal Scoop

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