Category Archives: NYS Workers Compensation

You’re claiming what?!?

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 Hamburg, 2018 NY Slip Op 00586, 158 AD3d… Read More

Back to the Future: The Return of WCL 25(2-b): Fact-Finding without Judges and Legal Reasoning without Lawyers

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, with as much success as failure in this author’s experience, to resolve cases using… Read More

Summer is Almost Over!

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 grappling with his mortal enemy and mastermind… Read More

Average Wages?

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 crosses our desks, and sometimes the fundamentals, like AWW, are the best place to start… Read More

IMEs : The Next Summer Movie Blockbuster or Just Another IME Gone Bust?

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’ Compensation Law, and the regulations, is that these examinations… Read More