by Melissa Day | Jan 18, 2017 | MAD News, NYS Workers Compensation
The Board’s now-longstanding process re-engineering has hit on some very good ideas (Desk 32s for example) and some duds (Binding Arbitration). That being said, at their own admission, the Board has been seeking out cases where hearings are unnecessary and trying,...
by Melissa Day | Dec 8, 2016 | MAD News, NYS Workers Compensation
It’s the Holiday Season! Pay Your 32s Early Without Worry! (Or Another Rhyme at Christmas Time) Workers’ Compensation Settlements rev up this time of year; claimants and carriers/SIEs are looking to close files and the volume of 32 approvals from October through...
by Melissa Day | Oct 31, 2016 | MAD News, NYS Workers Compensation
HAPPY HALLO-WEAN! Today the Board issued Subject Number 064 – 892 which creates a “hearing process” for addressing opioid weaning issues. In support of this new process the Board recognizes that the Non-Acute Pain Medical Treatment Guidelines clearly indicate that...
by Melissa Day | Oct 25, 2016 | MAD News, NYS Workers Compensation
TO WEAN, OR NOT TO WEAN, THAT IS THE QUESTION. The Board Panel, in a recent October 2016 Decision, considered the issue of whether a Claimant’s opioid medications were appropriate. Significantly, in this case the claimant was classified with a permanent total...
by Melissa Day | Apr 15, 2016 | MAD News, NYS Workers Compensation
THE NEWLY REOPENED FUND FOR REOPENED CASES – THE FIRST DEPARTMENT DECLARES THE RETROACTIVE APPLICATION OF 25-A UNCONSTITUTIONAL! Yesterday, in a dramatic reversal, the First Department declared retroactive application of the sunsetting of the Fund for Reopened Cases...
by Melissa Day | Nov 28, 2015 | MAD News, NYS Workers Compensation
NY Allows Employer to Utilize a Preferred Provider Organization (PPO) for the First 30 Days of Treatment In NY either the carrier or self-insured employer may contract with a PPO and care is limited to the PPO for treatment within the first 30 days. The employer...
by Melissa Day | Nov 23, 2015 | MAD News, NYS Workers Compensation
FULL BOARD HOLDS THAT AN EMPLOYEE CANNOT BE CONSIDERED A SIX-DAY WORKER MERELY BECAUSE HE HAS WORKED MORE THAN 270 DAYS In a recent Mandatory Full Board Appeal filed by the Law Offices of Melissa A. Day, PLLC, the Board held that when deciding a claimant’s average...
by Melissa Day | Oct 27, 2015 | MAD News, NYS Workers Compensation
WHEN DOES VOCATIONAL AND FUNCTIONAL CONSIDERATIONS, SUCH AS A CLAIMANT’S AGE, EDUCATION, TRAINING, EXPERIENCE, ETC. HAVE AN INFLUENCE ON A CLAIMANT’S BENEFITS? In Matter of Canales the claimant argued that her vocational factors should have been considered in...
by Melissa Day | Sep 19, 2015 | MAD News, NYS Workers Compensation
For a copy of the answers, please email Elana Fourie at efourie@getmad.today.
by Melissa Day | Sep 16, 2015 | MAD News, NYS Workers Compensation
To demonstrate attachment to the labor market, a Claimant must submit evidence consistent with the requirements laid out in American Axle, 2010 WL 438153, 2010 NY Wrk. Comp. LEXIS 2560, WCB # 8030 3659 that he is: Actively seeking work within her restrictions that is...
