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For the month of May 2025, our featured attorney is none other than Melanie A. Daly. Melanie wears many hats at our firm, supporting our team and our clients with her superior claims defenses and contributing to several of our firm's marketing initiatives. She is a...
By: Leonardo Lampret, Associate Attorney In New York Workers' Compensation law, Prima Facie Medical Evidence (PFME) is the threshold requirement to proceed with the claimant’s workers’ compensation claim. PFME is defined as a medical report referencing an injury,...
For the month of March 2025, we would like to highlight our one-and-only Neil A. Diegelman. Neil is a bright light at LOMAD, bringing an enthusiasm and charisma that lifts the spirits of our entire team. He provides our clients exceptional representation, offering...
By: Leonardo Lampret, Associate Attorney When a claimant suffers a work-related injury in New York but seeks treatment from an out-of-state provider, does New York’s Workers’ Compensation Fee Schedule govern the reimbursement rates? The Third Department addressed this...
Special Announcement Vicki L. Buehler Promoted to Senior Associate Attorney We are pleased to announce the promotion of Vicki L. Buehler from Associate Attorney to Senior Associate Attorney. Vicki joined The Law Offices of Melissa A. Day, PLLC in 2020 and has...
By: Leonardo Lampret, Associate Attorney Workers' Compensation Law § 14(5) acknowledges that younger workers typically earn lower wages than experienced adults in the same field. To address this, the statute allows for an adjustment to a claimant's average weekly wage...
By: Leonardo Lampret, Associate Attorney In the context of workers' compensation law, determining whether a claimant is totally industrially disabled is a complex process that goes beyond simply assessing the extent of a claimant’s physical injury. Total industrial...
By: Leonardo Lampret, Associate Attorney In the realm of Workers' Compensation, determining a claimant’s SLU often requires precise assessment of their range of motion. One key element in this process is whether to use the contralateral, or opposite, limb as a...
Consider the following scenarios: What if a claimant gets injured while commuting to work? Or on their way home? What if they sustain an injury just five minutes after their shift ends, or perhaps they trip the moment they step onto the sidewalk? Our recommendation: deny, deny, and deny again—then immediately commence a thorough investigation. Why? Because this is where the grey area begins.
Special Announcement Brian K. Prince Promoted to Partner We are pleased to announce the promotion of Brian K. Prince from Senior Associate Attorney to Partner. Brian joined The Law Offices of Melissa A. Day, PLLC in 2017 and has demonstrated a commitment to our...
By: Leonardo Lampret, Associate Attorney Beginning in December 2024, the Workers’ Compensation Board introduced a new procedure aimed at expediting decisionson additional sites of injury and consequential injuries. This procedural change significantly alters how...
Passionate about advocacy and justice, Leonardo Lampret brings an international perspective and a deep commitment to clients in his role as an Associate Attorney here at LOMAD. Before earning his LL.M. from Northwestern Pritzker School of Law in Chicago—where he...
By: Leonardo Lampret, Associate Attorney Workers’ Compensation Law § 35(3) offers claimants with a loss of wage-earning capacity (LWEC) greater than 75% the opportunity to request reclassification to permanent total disability (PTD) or total industrial disability due...
By: Leonardo Lampret, Associate Attorney In New York Workers’ Compensation law, the question of whether a Schedule Loss of Use (SLU) award can be apportioned to a prior non-work-related injury is complex and context-dependent. Traditionally, the general rule is that...