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LOMAD News, Events & Articles

Disallowance Due to Intoxication

As everyone probably knows, Workers’ Compensation Law §21(4) presumes that a work-related accident isn’t only due to an employee’s intoxication on the job, unless there is substantial evidence to the contrary.  Workers’ Compensation Law §10(1) similarly says that an...

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It’s No Accident

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...

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2016
2013

LOMAD News, Events & Articles

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...

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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 does...

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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...

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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...

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2016
2013