by Melissa Day | Oct 26, 2017 | MAD News, NYS Workers Compensation
On October 24, 2017, the Court of Appeals in American Economy Insurance Co. v. State of New York, — N.E.3d —-, 2017 WL 4779421 (N.Y. Ct. of App., Oct. 24, 2017), effectively marked the end of The Fund for Reopened Cases by holding the 2013 amendment to WCL § 25-a is...
by Melissa Day | Oct 12, 2017 | MAD News
Happy Friday the 13th to all! First off, I would like to introduce myself, as this is my first contribution for this blog. My name is Rob Caggiano, and I was recently brought into the LOMAD family as a Law Clerk as I await my bar results and (hopefully) my pending...
by Melissa Day | Jun 7, 2017 | MAD News
In a stunning sua sponte reversal of its prior decisions, the Board has found that the Medical Treatment Guidelines apply to out of state treatment. In the case, Hospice Inc., WCB# 5951 3410, the workers compensation law judge found objections to medical treatment in...
by Melissa Day | Feb 5, 2017 | MAD News
By – Melissa A. Day and James B. Cousins Right now, WCL §35 is a unknown quantity for WC practitioners. Section 35(3) allows for an “Extreme hardship redetermination” which allows any claimant, classified with an LWEC of “greater than 80 percent” to apply “within the...
by Melissa Day | Jan 18, 2017 | NYS Workers Compensation
The Board’s now-longstanding process re-engineering has hit on some very good ideas (Desk 32s for example) and some duds (Binding Arbitration). That being said, at their own admission, the Board has been seeking out cases where hearings are unnecessary and trying,...