by Melissa Day | Feb 9, 2023 | Firm News, I'm MAD, NYS Workers Compensation, Uncategorized
Special Announcement Brian K. Prince Promoted to Partner We are pleased to announce the promotion of Brian K. Prince from Senior Associate Attorney to Partner. Brian joined The Law Offices of Melissa A. Day, PLLC in 2017 and has demonstrated a commitment to our...
by Melissa Day | Nov 25, 2022 | Firm News, I'm MAD, NYS Workers Compensation, Uncategorized
Paul B. Kornacki, Associate Attorney 10/31/2022 Our firm recently handled a death claim resulting from a fall from a ladder. In this matter, our client was an auto dealership who had hired an individual to weatherize a large service door. Through our investigation it...
by Melissa Day | Nov 8, 2022 | Firm News, I'm MAD, NYS Workers Compensation
Andrew P. Gould, Associate Attorney 10/21/2022 Rise comrades! Increasingly, legislation is making its way through Albany to the governor’s desk before many carriers, self-insured employers and defense attorneys even know it was proposed. Most notoriously,...
by Melissa Day | Oct 25, 2022 | Firm News, I'm MAD, NYS Workers Compensation
Shannan M. Mackey, Associate Attorney 10/17/2022 Did you follow all the rules to use a diagnostic network [where the claimant and provider ignored the notice] and the Board nevertheless issued a Proposed Decision saying to pay your diagnostic fees at the network rate?...
by Melissa Day | Oct 20, 2022 | Firm News, I'm MAD, NYS Workers Compensation
Neil A. Diegelman, Associate Attorney 10/20/2022 When a claimant is working and collecting worker’s compensation indemnity benefits and does not disclose to anyone that they are working, they have likely committed fraud. In a recent case LOMAD was handling, a claimant...
by Melissa Day | Oct 18, 2022 | Firm News, I'm MAD, NYS Workers Compensation
Brian K. Prince, Associate Attorney 10/14/2022 Who says that, other than a disallowance, a §32 is the only way to truly close a case? It’s not often that the overlap of two obscure sections of the Workers’ Compensation Law results in a full and final closure on a...
by Melissa Day | Oct 13, 2022 | Firm News, MAD News, NYS Workers Compensation
“[T]he doctrine of laches is applicable in workers’ compensation proceedings when the remedy is equitable in nature.” Matter of Schroeter v Grand Hyatt Hotel, 262 AD2d 725 [3d Dept. 1999]. Apportionment is not an equitable remedy, and thus the doctrine of laches...
by Melissa Day | Oct 10, 2022 | Firm News, MAD News, NYS Workers Compensation
Anyone else annoyed by claimants who were directed to wean two years ago that now continually file PARs for opioids? We did it! We were successful in obtaining a finding that the claimant should be weaned off their opioid narcotics. In some cases, the treating...
