If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
I made the mistake of seeing Avengers Endgame twice in a week before doing a major memo involving an LWEC determination (spoiler alert) and had a crazy idea to first map and then analyze the decisional framework that is LWEC. The entire point of stare decisis is so...
On November 23, 2018, Clarissa M. Rodriguez, Chair of the WCB issued Subject 046-1119, https://getmad.today/wp-contentwww.wcb.ny.gov/content/main/SubjectNos/sn046_1119.jsp, touting the Board’s dubious accomplishment in having reduced the appeals inventory to 3,297...
The New York State Workers Compensation Board issued updated Workers Compensation Guidelines for Determining Impairment on November 22, 2017. The Board also issued Schedule Loss of Use Frequently Asked Questions on 10/04/18 which can be found on the NYS Workers...
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...
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...
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...
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...
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...
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...
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...
At LOMAD, we monitor the Third Department for case law updated to stay on the cutting-edge of workers’ compensation law in New York. This month we noted an interesting decision in Allen v. CPP-Syracuse, that provides a helpful reminder to all of us when we are...
In a case was established for the right knee, the claimant ultimately underwent right total knee replacement surgery. At a hearing, various awards were made, credit to New York State, and a $3,500 attorney fee was awarded, to be taken out of the reimbursement to 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...