by Melissa Day | Mar 1, 2021 | Firm News, MAD News, NYS Workers Compensation
By now, we’re all well aware that Matter of Genduso v, New York City Dept. of Edu., 164 A.D.3d 1509 (3d Dept. 2018), affirmed the principle that schedule awards are not given for particular injuries, but rather “for the residual physical and functional impairments”....
by Melissa Day | Feb 22, 2021 | Firm News, 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 | Firm News, 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 | Firm News, 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 | Firm News, I'm MAD, 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 | Firm News, I'm MAD, 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 | Firm News, 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 | Firm News, I'm MAD, 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 | Firm News, I'm MAD, 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...
by Melissa Day | Jul 26, 2020 | Firm News, I'm MAD, NYS Workers Compensation
This was a controverted claim by an employee for an alleged injury to the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not...
