If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
On May 23, 2018 in the published New York State Register, the Workers’ Compensation Board submitted proposed changes to Section 302-1.6 of 12 NYCRR in an effort to try and expand its legal internship program. The purpose of these changes is to allow for a more...
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...
In a contentious hearing, LOMAD prevailed proving that a claimant voluntarily retired, effectively removing herself from the labor market and the claimant’s subsequent part-time job did not support any claim for reduced earnings. The claimant, who worked at a...
This was a controverted claim for chemical exposure for an accident which occurred in 2019. The claimant was working as a bus driver and alleged that she was exposed to fuel additives somehow coming out of the heating vents, and that she has been subject to repeat...
Workers’ Compensation Law § 18 provides that the claimant must give written notice of an injury to his employer within 30 days of the accident. However, the statute further provides that the failure to give timely written notice may be excused by the Board if it finds...
In the case of Patrick Feeney, WCB G2489270, we recently had a victory in front of Judge Snyder Haas on the issue of causal relationship of the claimant’s left shoulder and elbow injuries. This is an established claim per an Amended Proposed Conciliation Decision for...