If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
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...
Seasonal Employees Back to Work – Or Not : Part 2 on Calculating AWW Welcome to the second installment of our serial blog on the issue of Average Weekly Wages! When we last left our intrepid hero, he had plummeted to his apparent death in the Reichenbach Falls...
COMPLIANCE MONITORING, AKA “CLAIMS HANDLING PERFORMANCE” – THE BOARD IS WATCHING YOU PART I The board has created a new Monitoring Unit with a stated mission of promoting excellence and claims handling practices and to provide system participants in the general public...
Test Your NY Workers’ Compensation Chops As promised, here are the answers to the quiz posted last week. How did you do? Do you have M.A.D. skills? 1. What is the Special Funds WCL § 15(8)(d) reimbursement form and what are the time frames for seeking reimbursement...
Average Wages? Cost-Containment by Controlling the Fundamentals This posting began with the goal of presenting a simple primer on calculating average weekly wages. We spend a great deal of time looking for cost-containment and mitigation measures in every claim that...
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...
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...