If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
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...
Brian K. Prince, Associate Attorney 10/14/2022 Who says that, other than a disallowance, a §32 is the only way to truly close a case? It’s not often that the overlap of two obscure sections of the Workers’ Compensation Law results in a full and final closure on a...
“[T]he doctrine of laches is applicable in workers' compensation proceedings when the remedy is equitable in nature.” Matter of Schroeter v Grand Hyatt Hotel, 262 AD2d 725 [3d Dept. 1999]. Apportionment is not an equitable remedy, and thus the doctrine of laches does...
Anyone else annoyed by claimants who were directed to wean two years ago that now continually file PARs for opioids? We did it! We were successful in obtaining a finding that the claimant should be weaned off their opioid narcotics. In some cases, the treating...
Successfully arguing the influential case of Burns v. Varriale, 9 N.Y. 3d 207 (2007), has been the highlight of Melissa Day's career as an attorney. You can now watch a video of the oral argument from this case - click here to watch the video. The video does require a...
One of the greatest things the Board ever did for carriers was include a provision in the 2018 Workers’ Compensation Guidelines for Determining Impairment (“Guidelines”) that providers need to measure range of motion of unaffected contralateral limb and use that as a...
In a recent claim, we obtained surveillance of a claimant performing activities well outside of their doctor’s restrictions. From there, we obtained social media sweep-reports. Of note, the carrier’s obligation to disclose surveillance materials applies not just...
As everyone probably knows, Workers’ Compensation Law §21(4) presumes that a work-related accident isn’t only due to an employee’s intoxication on the job, unless there is substantial evidence to the contrary. Workers’ Compensation Law §10(1) similarly says that an...
The issue of apportionment is confusing. Many attorneys apply the wrong standard, the wrong timing, or both which can lead to a hodgepodge of contradicting decisions by Judge’s and also sometimes by the Board. One type of apportionment is “legal apportionment.” ...
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...