If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
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...
Paul B. Kornacki, Associate Attorney 10/31/2022 Our firm recently handled a death claim resulting from a fall from a ladder. In this matter, our client was an auto dealership who had hired an individual to weatherize a large service door. Through our investigation it...
Andrew P. Gould, Associate Attorney 10/21/2022 Rise comrades! Increasingly, legislation is making its way through Albany to the governor's desk before many carriers, self-insured employers and defense attorneys even know it was proposed. Most notoriously, Senate Bill...
Shannan M. Mackey, Associate Attorney 10/17/2022 Did you follow all the rules to use a diagnostic network [where the claimant and provider ignored the notice] and the Board nevertheless issued a Proposed Decision saying to pay your diagnostic fees at the network rate?...
Neil A. Diegelman, Associate Attorney 10/20/2022 When a claimant is working and collecting worker’s compensation indemnity benefits and does not disclose to anyone that they are working, they have likely committed fraud. In a recent case LOMAD was handling, a claimant...
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...
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,...