by Melissa Day | Jul 26, 2020 | MAD News, 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...
by Melissa Day | Jul 22, 2020 | MAD News, NYS Workers Compensation
In a Reserved Decision, Judge Balogun ruled that a claimant was not entitled to multiple SLU awards or loss of wage earning capacity as there was no permanency or schedule assignable for the injuries sustained. The claimant suffered work injuries to the neck, back and...
by Melissa Day | Jul 21, 2020 | I'm MAD, MAD News, NYS Workers Compensation
By Reserved Decision, the presiding Worker’s Compensation Law Judge in the Watertown, NY hearing location found that no employer-employee relationship existed between the claimant and our client, or another individual who owns the property where the alleged injury...
by Melissa Day | Jun 29, 2020 | I'm MAD, MAD News, NYS Workers Compensation
NEW PROCEDURE FOR RECOUPING OVERPAYMENTS AND EDI 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...
by Melissa Day | Jul 30, 2019 | I'm MAD, MAD News, NYS Workers Compensation
Buffalo Business First Leadership Trust is an Invitation-Only Community for Top Business Decision Makers in the Buffalo Niagara area. Amherst, New York, July 29, 2019 — Melissa A. Day, Owner and Managing Attorney of The Law Offices of Melissa A. Day, PLLC, has been...
by Melissa Day | May 31, 2019 | I'm MAD, MAD News, NYS Workers Compensation
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...
by Melissa Day | May 31, 2019 | I'm MAD, MAD News, NYS Workers Compensation
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...
by Melissa Day | May 28, 2019 | MAD News, NYS Workers Compensation
It must have been 12th grade where I first became acquainted with incontinence. And no, it was through studying Dante’s Inferno and not some kind of bathroom emergency; back in the day, incontinence used to refer to the inability to control one’s self. A lack of...
by Melissa Day | May 21, 2019 | MAD News, NYS Workers Compensation
I made the mistake of seeing Avengers Endgame twice in a week before doing a major memo involving an LWEC determination (spoiler alert) and had a crazy idea to first map and then analyze the decisional framework that is LWEC. The entire point of stare decisis is so...
by Melissa Day | Dec 17, 2018 | MAD News, NYS Workers Compensation
On November 23, 2018, Clarissa M. Rodriguez, Chair of the WCB issued Subject 046-1119, https://getmad.today/wp-contentwww.wcb.ny.gov/content/main/SubjectNos/sn046_1119.jsp, touting the Board’s dubious accomplishment in having reduced the appeals inventory to 3,297...
