Successful Disallowance!

This was a controverted claim by an employee for an alleged injury to the left knee. The issue for litigation which ultimately led to a disallowance of the claim was causal relationship. The claimant claimed to have injured his knee while working. The claimant did not seek treatment until 2 years following the alleged accident,… Read More

Another Win for The Law Offices of Melissa A. Day!

In a Reserved Decision, Judge Balogun ruled that a claimant was not entitled to multiple SLU awards or loss of wage earning capacity as there was no permanency or schedule assignable for the injuries sustained. The claimant suffered work injuries to the neck, back and bilateral shoulders when they were rear-ended. The claimant had minimal… Read More

A Win for The Law Offices of Melissa A. Day

By Reserved Decision, the presiding Worker’s Compensation Law Judge in the Watertown, NY hearing location found that no employer-employee relationship existed between the claimant and our client, or another individual who owns the property where the alleged injury occurred and for whom our client performs work. In this matter, the claimant filed a Workers’ Compensation… Read More

Proposed Changes to §§300.22 and 300.23 – Overpayments

NEW PROCEDURE FOR RECOUPING OVERPAYMENTS AND EDI By Melissa A. Day, 6/26/20 On 6/10/20, the board published proposed changes to 12 NYCRR 300.22 and 300.23, “to reflect updates to the eClaims process that incorporate EDI version 3.1.” The proposed changes address the procedure following a disability event when compensation controverted and when no controversy (12… Read More