by Melissa Day | May 25, 2018 | Firm News, MAD News, NYS Workers Compensation
On May 23, 2018 in the published New York State Register, the Workers’ Compensation Board submitted proposed changes to Section 302-1.6 of 12 NYCRR in an effort to try and expand its legal internship program. The purpose of these changes is to allow for a more...
by Melissa Day | May 25, 2018 | MAD News, NYS Workers Compensation
Justice delayed is not always justice denied; and waiting can make it more satisfying than you might imagine. The Law Offices of Melissa Day won a reversal of the Board before the Appellate Division, Third Department on March 28, 2018 in Matter of Yonkosky v. Town of...
by Melissa Day | May 23, 2018 | MAD News, NYS Workers Compensation
Here are some questions that were answered, and some that were not, during the Board’s presentation on the new SLU Guidelines. Question: Please clarify – should claimant’s attorneys and carriers provide both of the new C-4.3 forms to doctors to avoid an appearance...
by Melissa Day | May 23, 2018 | MAD News, NYS Workers Compensation
Plaintiffs in the American Economy Insurance Company case have filed a Petition for a Writ of Certiorari in the United States Supreme Court. The petition is the mechanism by which plaintiffs request Supreme Court review of the Court of Appeals’ decision finding that...
by Melissa Day | Mar 31, 2018 | I'm MAD, NYS Workers Compensation
I am so tired of seeing claimants get schedule loss of use awards. They do not represent lost time. They are windfalls. I am in the process of drafting a stipulation for a woman who is going to get $15,000 when she had no lost time from work. It’s a gift to her. I...
by Melissa Day | Mar 31, 2018 | MAD News, NYS Workers Compensation
Rick Costner, Sr. honors the life of his 18 year old son and co-worker, Ricky Costner Jr., after he was murdered in front of him at work by creating and raising funds for the Ricky Costner Jr. College Scholarship Fund I have had the pleasure of attending a benefit at...
by Melissa Day | Oct 26, 2017 | MAD News, NYS Workers Compensation
On October 24, 2017, the Court of Appeals in American Economy Insurance Co. v. State of New York, — N.E.3d —-, 2017 WL 4779421 (N.Y. Ct. of App., Oct. 24, 2017), effectively marked the end of The Fund for Reopened Cases by holding the 2013 amendment to WCL § 25-a is...
by Melissa Day | Oct 12, 2017 | MAD News, NYS Workers Compensation
Happy Friday the 13th to all! First off, I would like to introduce myself, as this is my first contribution for this blog. My name is Rob Caggiano, and I was recently brought into the LOMAD family as a Law Clerk as I await my bar results and (hopefully) my pending...
by Melissa Day | Jun 7, 2017 | MAD News, NYS Workers Compensation
In a stunning sua sponte reversal of its prior decisions, the Board has found that the Medical Treatment Guidelines apply to out of state treatment. In the case, Hospice Inc., WCB# 5951 3410, the workers compensation law judge found objections to medical treatment in...
by Melissa Day | Feb 5, 2017 | MAD News, NYS Workers Compensation
By – Melissa A. Day and James B. Cousins Right now, WCL §35 is a unknown quantity for WC practitioners. Section 35(3) allows for an “Extreme hardship redetermination” which allows any claimant, classified with an LWEC of “greater than 80 percent” to apply “within the...
