If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
When we talk about surveillance, we’re usually talking about investigators staking out a claimant, taking videos, trying to catch them doing something outside their restrictions. It’s an incredibly useful and important tool in our arsenal, especially when it comes to...
We got a win disallowing a right shoulder claim in a 01/18/2020 established claim for the upper back and neck. The claimant’s C-3, filed approximately 3 weeks later, listed the right shoulder as a claimed injury. The right shoulder MRI showed bursitis and a partial...
We recently handled a claim in which we were attempting to get a finding of 50% degree of disability with regard to temporary rates in the record. Our IME had given an opinion of 50% based on her examination, but the treating physician had consistently opined 100%....
The claim was established for occupational disease to the bilateral hands and ankles and the claimant, a landscaper, was ultimately awarded a loss of use of 15% for the hands and 10% for the ankles. In an attempt to invoke Section 44 apportionment, the carrier on...
As we approach the one-year anniversary of the beginning of the COVID-19 pandemic, many employers still require their employees to work from home. However, most employers likely do not realize the implications this responsible decision can have on potential workers’...
Listening to the news earlier today, I heard a talking-head explain she was a member of a law firm which she also described as a “Think Tank.” Now, this lawyer’s firm had strong political ties as well as, I’m sure, a practice focused on cases with political import. ...
By now, we’re all well aware that Matter of Genduso v, New York City Dept. of Edu., 164 A.D.3d 1509 (3d Dept. 2018), affirmed the principle that schedule awards are not given for particular injuries, but rather “for the residual physical and functional impairments”....
In Matter of Darcon Construction, Inc., 2011 NY Wrk Comp. G0223167, the Board stated that the liable carrier in an occupational disease situation would be the employer’s general workers’ compensation carrier, thereby relieving carriers on wrap-up policies of...
This was an established neck and back claim. The issue for litigation was further causally related lost time. The claimant sustained an unrelated motor vehicle accident in February involving various body sites, including her neck and back. As we reviewed the file,...
One issue that I have come across several times in my legal career is whether or not a claimant qualifies as an independent contractor or an employee. The Board Panel recently reviewed this issue in the case of Matter of Clare Hayduscko, 219 N.Y. Wrk. Comp. 40708094...
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...