The Mystery of the Missing Contractor

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...

Fast Track to Oblivion

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,...

C’mon guys! It’s not like it’s Skynet…

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?...

Zero Tolerance!

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...

Finding Closure

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...

Laches, Laches Everywhere

“[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...

Navigating the Board’s PARS System for Opioids

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...

Interview with Leaders Voice USA

In the fall of 2021, our fabulous and fearless leader, Melissa A. Day, was sought out by Leaders Voice USA to provide enriching guidance and impart her extensive knowledge in the realm of Worker’s Compensation Law and managing a law firm. The team at Leaders Voice...

Oral Argument Video, Burns v. Varriale

Successfully arguing the influential case of Burns v. Varriale, 9 N.Y. 3d 207 (2007), has been the highlight of Melissa Day’s career as an attorney. You can now watch a video of the oral argument from this case – click here to watch the video. The video...