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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.” ...
There have been several cases recently where Carpal Tunnel Syndrome (“CTS”) was determined by providers as causally related to the accident of record in the file. At first, this determination of causal relationship seemed pretty straight forward, but a “deep dive”...
It’s well known in the Workers Compensation community that the threshold for meeting Prima Facie Medical Evidence (PFME) is extremely low. However, one argument that the Board has found to be quite compelling, is that “pain” is not an injury. There have been some past...
One fateful morning, white smoke appeared over a street in New York City following the explosion of an underground pipe insulated with asbestos, bits of which littered the scene. And where was the claimant? At home, having worked the night shift, and wouldn’t return...
At LOMAD, we monitor the Third Department for case law updated to stay on the cutting-edge of workers’ compensation law in New York. This month we noted an interesting decision in Allen v. CPP-Syracuse, that provides a helpful reminder to all of us when we are...
In a case was established for the right knee, the claimant ultimately underwent right total knee replacement surgery. At a hearing, various awards were made, credit to New York State, and a $3,500 attorney fee was awarded, to be taken out of the reimbursement to the...
In a contentious hearing, LOMAD prevailed proving that a claimant voluntarily retired, effectively removing herself from the labor market and the claimant’s subsequent part-time job did not support any claim for reduced earnings. The claimant, who worked at a...
This was a controverted claim for chemical exposure for an accident which occurred in 2019. The claimant was working as a bus driver and alleged that she was exposed to fuel additives somehow coming out of the heating vents, and that she has been subject to repeat...
Workers’ Compensation Law § 18 provides that the claimant must give written notice of an injury to his employer within 30 days of the accident. However, the statute further provides that the failure to give timely written notice may be excused by the Board if it finds...
In the case of Patrick Feeney, WCB G2489270, we recently had a victory in front of Judge Snyder Haas on the issue of causal relationship of the claimant’s left shoulder and elbow injuries. This is an established claim per an Amended Proposed Conciliation Decision for...
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...