Consider the following scenarios: What if a claimant gets injured while commuting to work? Or on their way home? What if they sustain an injury just five minutes after their shift ends, or perhaps they trip the moment they step onto the sidewalk? Our recommendation: deny, deny, and deny again—then immediately commence a thorough investigation. Why? Because this is where the grey area begins.

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, Senate Bill...

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?...

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...

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...

“[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 does...

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...

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...