If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
A work-related injury that prevents a claimant from working could qualify the claimant for awards at the temporary total disability (TTD) rate. The claimant’s treating provider is expected to establish if the claimant is temporary totally disabled and should express...
For this week’s blog post, I decided to pull a case from the archives in honor of our Day of Independence. In honor of the upcoming holiday, and in hopes that it will be a guiding principle throughout your Fourth of July events and the year to come, we review the...
IMEs are vital in the defense of most workers’ compensation claims, and the legislature and Board has spent a great deal of effort to ensure their impartiality and uniformity; at least for timely service on all the parties. A lesser known aspect of both the Workers’...
New York State Workers’ Compensation Board’s Regulatory Agenda May Include Significant Changes to Limit an Employer’s Right to Cross-Examination. Almost two weeks ago I published a copy of the Board’s Regulatory Agenda on my group, New York Workers’ Compensation...
Occupational Hearing Loss claims are hard to defend. To prove injurious exposure to workplace noise, the standard of proof can be as low as a claimant’s testimony that his or her workplace was “loud.” Even where the employer has an extensive hearing conservation...
WCL Section 52 (1)(D) states that: If at any time an employer intentionally and materially understates or conceals payroll, or intentionally and materially misrepresents or conceals employee duties so as to avoid proper classification for calculation of premium paid...
The Board has announced the adoption of the Non-Acute Pain Medical Treatment Guidelines (“NAP MTG”). As with the other MTGs for the neck, back, knee, shoulder and carpal tunnel syndrome, there are 22 guiding principles which provide a general framework for all the...
By decision drafted by Justice Pigott (Justices Read, Smith and Abdus-Salaam concur) the New York Court of Appeals affirms that the Workers’ Compensation Board did not exceed its statutory authority when it promulgated portions of the Medical Treatment Guidelines. The...
Following the Board’s decision in Matter of Longley Jones, 2012 NY Wrk Comp 60704882, which held that a claimant’s wages cannot be the sole factor for determining Loss of Wage Earning Capacity, a finding of a 0% Loss of Wage Earning Capacity seemed to be a thing of...
On December 1, 2010, 12 N.Y.C.R.R. § 324, known as the Medical Treatment Guidelines, became effective. See, 12 N.Y.C.R.R. § 324. The Medical Treatment Guidelines [hereinafter “Guidelines”] became effective on December 1, 2010. 12 N.Y.C.R.R. § 324. The Guidelines...
Listening to the news earlier today, I heard a talking-head explain she was a member of a law firm which she also described as a “Think Tank.” Now, this lawyer’s firm had strong political ties as well as, I’m sure, a practice focused on cases with political import. ...
By now, we’re all well aware that Matter of Genduso v, New York City Dept. of Edu., 164 A.D.3d 1509 (3d Dept. 2018), affirmed the principle that schedule awards are not given for particular injuries, but rather “for the residual physical and functional impairments”....
In Matter of Darcon Construction, Inc., 2011 NY Wrk Comp. G0223167, the Board stated that the liable carrier in an occupational disease situation would be the employer’s general workers’ compensation carrier, thereby relieving carriers on wrap-up policies of...
This was an established neck and back claim. The issue for litigation was further causally related lost time. The claimant sustained an unrelated motor vehicle accident in February involving various body sites, including her neck and back. As we reviewed the file,...