If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
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...
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...
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...
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...
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...
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...
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...
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 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...
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,...
There have been several cases recently where Carpal Tunnel Syndrome (“CTS”) was determined by providers as causally related to the accident of record in the file. At first, this determination of causal relationship seemed pretty straight forward, but a “deep dive”...
It’s well known in the Workers Compensation community that the threshold for meeting Prima Facie Medical Evidence (PFME) is extremely low. However, one argument that the Board has found to be quite compelling, is that “pain” is not an injury. There have been some past...
One fateful morning, white smoke appeared over a street in New York City following the explosion of an underground pipe insulated with asbestos, bits of which littered the scene. And where was the claimant? At home, having worked the night shift, and wouldn’t return...
At LOMAD, we monitor the Third Department for case law updated to stay on the cutting-edge of workers’ compensation law in New York. This month we noted an interesting decision in Allen v. CPP-Syracuse, that provides a helpful reminder to all of us when we are...