If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
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,...
It’s the Holiday Season! Pay Your 32s Early Without Worry! (Or Another Rhyme at Christmas Time) Workers’ Compensation Settlements rev up this time of year; claimants and carriers/SIEs are looking to close files and the volume of 32 approvals from October through...
HAPPY HALLO-WEAN! Today the Board issued Subject Number 064 – 892 which creates a “hearing process” for addressing opioid weaning issues. In support of this new process the Board recognizes that the Non-Acute Pain Medical Treatment Guidelines clearly indicate that...
TO WEAN, OR NOT TO WEAN, THAT IS THE QUESTION. The Board Panel, in a recent October 2016 Decision, considered the issue of whether a Claimant’s opioid medications were appropriate. Significantly, in this case the claimant was classified with a permanent total...
THE NEWLY REOPENED FUND FOR REOPENED CASES – THE FIRST DEPARTMENT DECLARES THE RETROACTIVE APPLICATION OF 25-A UNCONSTITUTIONAL! Yesterday, in a dramatic reversal, the First Department declared retroactive application of the sunsetting of the Fund for Reopened Cases...
NY Allows Employer to Utilize a Preferred Provider Organization (PPO) for the First 30 Days of Treatment In NY either the carrier or self-insured employer may contract with a PPO and care is limited to the PPO for treatment within the first 30 days. The employer...
FULL BOARD HOLDS THAT AN EMPLOYEE CANNOT BE CONSIDERED A SIX-DAY WORKER MERELY BECAUSE HE HAS WORKED MORE THAN 270 DAYS In a recent Mandatory Full Board Appeal filed by the Law Offices of Melissa A. Day, PLLC, the Board held that when deciding a claimant’s average...
WHEN DOES VOCATIONAL AND FUNCTIONAL CONSIDERATIONS, SUCH AS A CLAIMANT’S AGE, EDUCATION, TRAINING, EXPERIENCE, ETC. HAVE AN INFLUENCE ON A CLAIMANT’S BENEFITS? In Matter of Canales the claimant argued that her vocational factors should have been considered in...
For a copy of the answers, please email Elana Fourie at efourie@getmad.today.
To demonstrate attachment to the labor market, a Claimant must submit evidence consistent with the requirements laid out in American Axle, 2010 WL 438153, 2010 NY Wrk. Comp. LEXIS 2560, WCB # 8030 3659 that he is: Actively seeking work within her restrictions that is...
When we talk about surveillance, we’re usually talking about investigators staking out a claimant, taking videos, trying to catch them doing something outside their restrictions. It’s an incredibly useful and important tool in our arsenal, especially when it comes to...
We got a win disallowing a right shoulder claim in a 01/18/2020 established claim for the upper back and neck. The claimant’s C-3, filed approximately 3 weeks later, listed the right shoulder as a claimed injury. The right shoulder MRI showed bursitis and a partial...
We recently handled a claim in which we were attempting to get a finding of 50% degree of disability with regard to temporary rates in the record. Our IME had given an opinion of 50% based on her examination, but the treating physician had consistently opined 100%....
The claim was established for occupational disease to the bilateral hands and ankles and the claimant, a landscaper, was ultimately awarded a loss of use of 15% for the hands and 10% for the ankles. In an attempt to invoke Section 44 apportionment, the carrier on...