If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
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...
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...
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...
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 does require a...
One of the greatest things the Board ever did for carriers was include a provision in the 2018 Workers’ Compensation Guidelines for Determining Impairment (“Guidelines”) that providers need to measure range of motion of unaffected contralateral limb and use that as a...
By: Leonardo Lampret, Associate Attorney When a claimant suffers a work-related injury in New York but seeks treatment from an out-of-state provider, does New York’s Workers’ Compensation Fee Schedule govern the reimbursement rates? The Third Department addressed this...
Special Announcement Vicki L. Buehler Promoted to Senior Associate Attorney We are pleased to announce the promotion of Vicki L. Buehler from Associate Attorney to Senior Associate Attorney. Vicki joined The Law Offices of Melissa A. Day, PLLC in 2020 and has...
By: Leonardo Lampret, Associate Attorney Workers' Compensation Law § 14(5) acknowledges that younger workers typically earn lower wages than experienced adults in the same field. To address this, the statute allows for an adjustment to a claimant's average weekly wage...
By: Leonardo Lampret, Associate Attorney In the context of workers' compensation law, determining whether a claimant is totally industrially disabled is a complex process that goes beyond simply assessing the extent of a claimant’s physical injury. Total industrial...