If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
NY Allows Employer to Utilize a Preferred Provider Organization (PPO) for the First 30 Days of Treatment In NY either the carrier or self-insured employer may contract with a PPO and care is limited to the PPO for treatment within the first 30 days. The employer...
FULL BOARD HOLDS THAT AN EMPLOYEE CANNOT BE CONSIDERED A SIX-DAY WORKER MERELY BECAUSE HE HAS WORKED MORE THAN 270 DAYS In a recent Mandatory Full Board Appeal filed by the Law Offices of Melissa A. Day, PLLC, the Board held that when deciding a claimant’s average...
WHEN DOES VOCATIONAL AND FUNCTIONAL CONSIDERATIONS, SUCH AS A CLAIMANT’S AGE, EDUCATION, TRAINING, EXPERIENCE, ETC. HAVE AN INFLUENCE ON A CLAIMANT’S BENEFITS? In Matter of Canales the claimant argued that her vocational factors should have been considered in...
For a copy of the answers, please email Elana Fourie at efourie@getmad.today.
To demonstrate attachment to the labor market, a Claimant must submit evidence consistent with the requirements laid out in American Axle, 2010 WL 438153, 2010 NY Wrk. Comp. LEXIS 2560, WCB # 8030 3659 that he is: Actively seeking work within her restrictions that is...
Seasonal Employees Back to Work – Or Not : Part 2 on Calculating AWW Welcome to the second installment of our serial blog on the issue of Average Weekly Wages! When we last left our intrepid hero, he had plummeted to his apparent death in the Reichenbach Falls...
COMPLIANCE MONITORING, AKA “CLAIMS HANDLING PERFORMANCE” – THE BOARD IS WATCHING YOU PART I The board has created a new Monitoring Unit with a stated mission of promoting excellence and claims handling practices and to provide system participants in the general public...
Test Your NY Workers’ Compensation Chops As promised, here are the answers to the quiz posted last week. How did you do? Do you have M.A.D. skills? 1. What is the Special Funds WCL § 15(8)(d) reimbursement form and what are the time frames for seeking reimbursement...
Average Wages? Cost-Containment by Controlling the Fundamentals This posting began with the goal of presenting a simple primer on calculating average weekly wages. We spend a great deal of time looking for cost-containment and mitigation measures in every claim that...
WE NOW HAVE THE NON-ACUTE PAIN TREATMENT GUIDELINES BUT WHAT DOES THAT MEAN? You may be asking, why would the implementation of the Non-Acute Pain Treatment Guidelines even matter? Why would you want to ensure a pain management treatment provider comes into...
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...