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I get asked all the time: Leo, why can’t we just use a straight divisor to calculate the average weekly wage? The short answer? Because under the Workers’ Compensation Law, there is no such thing as a ‘straight divisor’ - at least not as a default rule. Outside of...
The winter season is here, bringing snow, ice, and the hustle and bustle of the holidays. While it’s a joyful time for many, it’s also a peak period for slip-and-fall claims, as employees navigate slippery walkways, crowded entrances, and icy parking lots. For...
The first 30 days of a workers’ compensation claim are often the most critical period and can be the difference between a well-managed claim and one that spirals into unnecessary cost and litigation. This early window often shapes the entire trajectory of the case....
If you’ve ever dealt with Form C-8.1B — or Notice of Objection to a Payment of a Bill for Treatment Provided — you already know it can feel like one of the most tedious parts of the claims process. Many carriers, employers, and third-party administrators (TPAs) have...
Beginning in December 2024, the Workers’ Compensation Board introduced a new procedure aimed at expediting decisions on additional sites of injury and consequential injuries. This procedural change significantly alters how claims will be processed when a claimant...
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 to “extreme hardship.” This request must...
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...
LOMAD's featured attorney for June 2025 is none other than our resident enigma, Andrew P. Gould. Our LOMADtv fans know him to be quite the accomplished actor, but our team knows him to be an exemplary workers' compensation defense attorney! (and, as of May 16th, a...
By: Leonardo Lampret, Associate Attorney When the New York Workers’ Compensation Board’s Medical Director’s Office (MDO) approves a request for medical treatment or medication, the approval is almost always limited to medical necessity. This often leads to confusion...
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...
I get asked all the time: Leo, why can’t we just use a straight divisor to calculate the average weekly wage? The short answer? Because under the Workers’ Compensation Law, there is no such thing as a ‘straight divisor’ - at least not as a default rule. Outside of...
The winter season is here, bringing snow, ice, and the hustle and bustle of the holidays. While it’s a joyful time for many, it’s also a peak period for slip-and-fall claims, as employees navigate slippery walkways, crowded entrances, and icy parking lots. For...
The first 30 days of a workers’ compensation claim are often the most critical period and can be the difference between a well-managed claim and one that spirals into unnecessary cost and litigation. This early window often shapes the entire trajectory of the case....
If you’ve ever dealt with Form C-8.1B — or Notice of Objection to a Payment of a Bill for Treatment Provided — you already know it can feel like one of the most tedious parts of the claims process. Many carriers, employers, and third-party administrators (TPAs) have...