If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111

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Melissa A. Day

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Practice Areas

  • Workers’ Compensation
  • Subrogation
  • Personal Injury Defense

Current Employment Position

  • Mistress of the LOMAD Universe, a/k/a Managing Partner

Bar Admissions

  • New York, 1997

Professional Associations and Memberships

  • New York State Bar Association
  • New York Self-Insurers Association
  • Buffalo Claims Association
  • New York Claims Association
  • Self-Insurers Association of the Niagara Frontier
  • The New York State Association of Self-Insured Counties
  • New York Workers’ Compensation Bar Association
  • Erie County Bar Association
  • Secretary | Syracuse Claims Association
  • Upstate RIMS
  • Board Member | Kids’ Chance NY

Education

  • Notre Dame Law School, South Bend, Indiana
    • J.D. – 1996
  • Canisius College
    • B.A. – 1993
    • Major: English
  • Nardin Academy
    • 1984

Verdicts/Settlements/Cases of Note/Favorite Win

  • Attorney Melissa A. Day successfully prosecuted an appeal to the Court of Appeal in Lazalee vs. Wegmans Food Markets, 40 NY3d 458 (2023) overcoming adverse decisions by the Workers’ Compensation Board and Third Department and showcased LOMAD’s commitment to Wegmans’ due process rights. This rare triumph at the Court of Appeals guarantees fair proceedings for all parties by allowing cross-examination of a medical provider and created precedent for due process moving forward. Most importantly, The Law Office of Melissa A. Day achieved its vision for its client: Wegmans’ voice was heard through our persistent advocacy. This was the highlight of Melissa’s 27 legal career.

    LAZALEE ORAL ARGUMENT

    Melissa also prevailed at the Court of Appeals in the frequently cited Burns v. Varriale, 9 NY3d 207 (2007) which holds that if future workers’ compensation benefits are speculative, attorneys’ fees must be apportioned against the employer or carrier on a “pay as you go” basis.

    BURNS ORAL ARGUMENT

Pro-Bono Activities

  • Board Member of Kids’ Chance of New York

Honors

  • Largest Women-Owned Businesses Buffalo – 2019, 2020, 2021
  • Largest Buffalo Law Firms – 2020 and 2021
  • Finalist Best Places to Work Buffalo – 2021

Published Works

  • Founder of and regular contributor to the Linkedin Group, “New York Workers’ Compensation Forum” in September 2009 – Currently nearly 1900 members
  • Executive producer of a monthly live TV Show/Webinar titled, “Lawyers & Friends.” c. Presenter at numerous for profit and not for profit seminars on New York Workers’ Compensation
  • Presenter at numerous for profit and not for profit seminars on New York Workers’ Compensation
  • Contributing author: Licht, Esq., Steven M., “The Special Disability Fund, The Fund for Reopened Cases and Special Funds Conservation Committee”. Workers’ Compensation Law and Practice in New York. Editors-in-Chief Steven M. Scotti and John Sweeny. Albany, NY: New York State Bar Association (2011)
 
 

Your Legal Superpower

  • Using my weird, bent way of looking at the world to study the language of a statute and find defenses where none were previously thought to exist.

Pets and Hobbies

  • Pets
    • Mush, the incorrigible Husky
    • Bear, the Lab-mix Galoot
    • Poof, the One-Eyed Calico
    • Sweet Pea, the Drain Bamaged Taco Cat
    • Herbie, the Love Bug
  • Hobbies
    • Theater – movies and musicals
    • Professional Figure Skater in a past life
    • Kayaking and Biking
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