AS PER GOVERNOR CUOMO’S EXECUTIVE ORDER ON 3/20/20, OUR OFFICE IS NOW FULLY OPERATING REMOTELY. WE WILL CONTINUE TO DO SO UNTIL FURTHER NOTICE. ALL CALLS ARE BEING FORWARDED TO OUR STAFF AND WILL BE RETURNED. PLEASE BE AWARE THAT CALLS FROM OUR OFFICE WILL NOW HAVE A DIFFERENT TELEPHONE NUMBER THAN YOU ARE USED TO SEEING ON YOUR CALLER ID. REST ASSURED THAT WE WILL BE HANDLING YOUR CASES WITH THE UTMOST CARE AS USUAL AND THAT NOTHING WILL CHANGE OTHER THAN WE ARE WORKING REMOTELY.
We want you to know that we are here for you.
The health and safety of our clients and employees is our number one priority. Our office is fully equipped with advanced technology to handle your case while practicing social distancing and working remotely. We will primarily be holding meetings regarding your claim remotely via telephone, video conference and email. If you would like to meet in person we have staff in the office to accommodate you. As indicated below, we will be attending your Workers' Compensation hearings virtually using the board's Virtual Hearings platform for the foreseeable future.
MDASR is committed to providing the highest quality service while obtaining optimal results for our clients. Our attorneys are here to navigate you through these unpredictable times and we will keep you updated should any changes occur.
Please read the below information regarding Virtual Hearings at the Workers' Compensation Board.
If you have any questions please call us at (631) 665-0609
All Hearings will be by Remote Attendance
To preserve public and workforce safety, effective immediately, and until further notice, the Board will conduct all hearings remotely, through the Board's Virtual Hearings. Virtual Hearings allow injured workers, attorneys/licensed representatives, witnesses and other participants to attend hearings online. For the very small number of hearings that are not able to be held virtually, namely Discrimination cases under WCL § 120, the Board will contact the participants regarding further proceedings.
Please visit the Virtual Hearings web page at wcb.ny.gov/virtual-hearings for further guidance and instructions regarding virtual appearances.
Claimants appearing from home (or wherever safe and convenient) can appear either by video through Virtual Hearings, or may appear at hearings by telephone. To appear by telephone, a claimant should call the Board's Customer Service at (844) 337-6301 on the day of their hearing. If an unrepresented injured worker is unable to participate in their hearing, it will be rescheduled.
Our attorneys will be in contact with you and review this process should you have an upcoming hearing.
90-day Requirement for Medical Evidence
When a claimant's disability has not been classified as permanent, the claimant's attending physician has the burden of submitting up-to-date medical evidence that the disability is continuing.
Board Rule 325-1.3(b)(3) requires a claimant's attending medical provider to submit progress reports of ongoing medically necessary treatment and the follow-up visits shall be no more than 90 days.
The Board understands that a claimant may be unable to see his/her attending physician due to the coronavirus outbreak. This may (for example) be due to the physician's unavailability or the claimant being quarantined. This could result in delays beyond the 90-day period.
The Board will take into consideration a claimant's or his or her attorney's assertion that the claimant was unable to secure a required medical report due to the coronavirus outbreak.
Failure to Attend an Independent Medical Examination (IME)
The Workers' Compensation Law provides that a refusal by a claimant to submit to an IME may bar the claimant from recovering compensation for any period during which he or she has refused to submit to such examination. While the number of non-appearances is not specified by rule, usually any request to suspend would only occur after a second refusal to appear.
If a claimant cannot appear at a scheduled IME due to the coronavirus outbreak, he/she should let his or her attorney know, and notify the IME doctor and the Board by email at firstname.lastname@example.org, or by letter to the Board's centralized mailing address at PO Box 5205, Binghamton, NY 13902-5205.
Benefits will not be suspended if the claimant offers a reasonable excuse for the failure to attend the IME.
C-4 Auth Filed; 30 Days to Schedule IME Requirement
A claim for a surgical procedure costing more than $1,000 shall not be valid and enforceable against an employer unless it was authorized by the employer or the Board, "or unless such authorization has been unreasonably withheld, or withheld for a period of more than  calendar days from receipt of a request for authorization, or unless such special services are required in an emergency, provided, however, that the basis for a denial of such authorization by the employer must be based on a conflicting second opinion rendered by a physician authorized by the board."
As provided in Board Rule 325-1.4(a)(6), in a situation where the claimant is not hospitalized, the employer must either grant or deny the authorization request within 30 days, and a denial must be based on a conflicting second opinion performed within that 30-day period. It is possible that a carrier may be impeded in acquiring a "conflicting second opinion" from an IME because of the coronavirus outbreak.
While the Board does not have the authority to waive the statutory requirement for a timely conflicting medical opinion under WCL § 13-a(5), existing law allows for the conflicting opinion to be based on a records review instead of an in-person examination.
There are other situations in which an IME may be directed by the Board, such as permanency exams and in controverted claims. In a controverted claim, an IME must be obtained no more than 30 days from the date of the pre-hearing conference, or else it is deemed waived.
If the failure to schedule an IME is attributable to circumstances surrounding the coronavirus outbreak, the carrier can request that the Workers' Compensation Law Judge (WCLJ) excuse the lateness and allow additional time to procure an IME. The request must be in the form of the affidavit as required by Board Rule 300.38(g)(8) or it will not be considered.
For the opportunity to obtain a permanency examination as directed by the Board, if the failure to schedule an IME, or the claimant's inability to attend an IME, is attributable to circumstances surrounding the coronavirus outbreak, the carrier can request an extension of time by correspondence with the Board, which includes an affidavit or affirmation that demonstrates the circumstances related to the coronavirus outbreak that warrant an extension. The request will be reviewed by conciliation or a WCLJ, depending on the exact circumstances, and a decision will be issued. Failure to provide an affidavit or affirmation may lead to the adjudicator not granting the extension request.
Depositions (Cross-Examination of Medical Witnesses)
For off-calendar depositions of medical witnesses, it is anticipated that there will be problems with scheduling that are caused by the coronavirus outbreak, centered around the limited availability of the medical witnesses. Requests for extensions of time that are necessitated by these scheduling difficulties should include a description of the situation. The Board will take these circumstances into consideration when setting depositions, and when deciding whether an extension in scheduling of depositions and filing of the minutes should be granted.
Appeals and Rebuttals
WCL § 23 and Board Rule 300.13 requires a party seeking review of a WCLJ or Board Panel decision to file a written application for review with the Board within 30 days of the filing of the decision. Similarly, a rebuttal to an application for review or full board review must be filed with the Board within 30 days after service of the application.
If a party is unable to comply with the requirements of WCL § 23 and Board Rule 300.13 due to the coronavirus outbreak, the Board will consider exercising its discretion to excuse an untimely filing pursuant to Board Rule 300.13(b)(4)(iii), if the reason for lateness is fully set forth in the application or rebuttal, stating in detail the circumstances directly related to coronavirus that caused the delay.
WCL §25 contains numerous provisions that impose strict timelines for the filing of documents and the payment of benefits. In light of the coronavirus outbreak, Payor Compliance will consider applications to excuse delays and defaults in complying with various WCL provisions used in the measurements of timely First Report of Injury (FROI), timely Subsequent Report of Injury (SROI) showing initial payment, timely initial payment, timely initial installment payment and timely Notice of Controversy.
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A sewer and drain technician injured his back while working. MDASR was able to secure him an award of $170,000.
A Correction Officer suffered multiple inmate related injuries to his back, shoulders, knees, elbows and neck. The attorneys at MDASR were able to secure him an award of $210,000.
A truck driver fell while exiting his vehicle and injured his left wrist, neck, and left shoulder. MDASR secured him a $200,000 gross settlement with a total of $257,850 in awards.
A Grocery Manager suffered several injuries to his back and pelvis while lifting a heavy object. MDASR took his case and won him a gross settlement of $262,500 and a total of $318,000 in awards.
A Meat Manager developed injuries to his right hip, left hip, and right leg due to a history of strenuous lifting and long periods of standing. After a gross settlement of $300,000, MDASR secured him a total award of $320,000.
A nurse injured both wrists while on duty. MDASR won her a $200,000 gross settlement with awards totaling to $257,850.
A Corrections Officer suffered a slip and fall at work. After sustaining injuries to his ankles and knees, MDASR was able to secure him an award of over $100,000.
A merchandising manager suffered injuries to his head, eye, and neck after hitting his head against a metal shelf. After MDASR took the case, the claimant was awarded over $115,000.
A supervisor at a metal shop was electrocuted, sustaining injuries to his chest and also various memory deficiencies. For his suffering, MDASR was able to secure him over $460,000 in awards.
A Certified Nurses Assistant was performing her daily duties when she strained her arm, shoulder, wrist, and neck while caring for a patient. MDASR won her an award exceeding $100,000.
Due to the repetitive nature of her duties, a bus driver felt pain in her leg, knee, and back. After MDASR took the case, the claimant was granted over $110,000 in awards.
A Field Technician suffered various injuries to her back, legs, and knees after a large ladder fell on her. $145,000 in awards was won for her by the efforts of MDASR.
Due to the steady help of MDASR, over $200,000 was awarded to a Foreman after he fell and sustained injuries to his back, knees, and ankles.
After an employee was struck by an iron gate, suffering injuries to his head, neck, back, and both arms, MDASR won him an award of over $160,000.
A court reporter injured her knees, hips, hands, and shoulder after a slip and fall at work. After MDASR took her claim, she received an award of $178,500.
A laborer was breaking concrete with a jackhammer when the tool got caught in a string of wiring, causing injuries to his hands, back, and fingers. He received $157,250 in awards after MDASR took the case.
A window installer fell while working, injuring his back. MDASR secured him $120,000 in awards after his case concluded.
A sales consultant was lifting items off the floor and injured his back. MDASR won him an award of $117,507.31.
A custodial worker injured his back while moving heavy items. MDASR secured him $135,000 in awards.
A warehouse manager fell out of a forklift, injuring his chest, neck, shoulders and arms. He won an award of $200,000 after MDASR helped him through his case.
A Home Healthcare Aid was performing her daily duties when she sustained injuries to her back, neck, hips, and shoulder. After seeking the help of MDASR, she received $158,000 in awards.
An airline mechanic slipped and fell while working, and received $252,000 after MDASR guided him through his claim.
After a construction worker suffered multiple serious injuries to his legs, he retained the help and assistance of MDASR. At the end of his claim, he received $204,000 in awards.
A nurse slipped and fell at work sustaining injuries to her neck, shoulders, and hip. MDASR secured her $200,000 in awards at the end of her case.
MDASR secured a $110,000 settlement for an LPN who was attacked by one of their patients while administering medication.
A teacher was moving tables and chairs around her classroom when she felt a particular strain in her back, causing severe pain. MDASR secured her almost $200,000 in settlement awards.
A cargo manager was moving luggage from one container to the other when a heavy suitcase fell on his back. For the injuries to his back and shoulder, MDASR helped him get almost $100,000 in awards.
A Driver was preparing his truck and loading his equipment when he felt a strain in his back, right leg, and hip. Nearly $250,000 in awards was secured by MDASR for his case.
A Nursing Center Employee suffered various injuries to her back, legs, and feet while caring for a patient. After MDASR took her case, almost $290,000 was awarded for her injuries.
A Truck Diver was picking up a hand cart when he injured his back, hips, and legs. For his injuries, MDASR secured him $248,300 in awards.
A shop porter fell from a ladder, injuring both legs, arms, head, and back. After retaining MDASR's services, the claimant won nearly $100,000 in awards.
An employee was moving furniture and felt pain in their back. At the end of their case, MDASR secured them $167,000 in awards.
An employee at a hospital was restraining a patient when they sustained injuries to their back. They received $155, 7000 in awards due to the efforts of MDASR.
An Occupational Therapist was struck by a student while working. MDASR secured them $220,000 in awards at the end of their case.
A contractor fell from the second floor of a building while working. MDASR secured them almost $300,000 in awards at the end of their case.
An employee injured their neck and back while working. After MDASR took their case, they received $132,000 in awards.
A bus driver fell off the ramp for the bus, injuring his back and both his legs. After retaining MDASR's services, he received $316,783 in awards.
A forklift operator was lifting a garage door, straining their back, neck, and both arms. MDASR secured them $117,500 in awards.
A foreman fell from the second level of scaffolding, injuring several parts of his body. After taking the case, MDASR secured the claimant over $250,000 in awards.
A Nurses Assistant injured herself while caring for a patient. Due to the nature of her injuries, MDASR was able to win her $160,000 in awards.
A Paramedic felt pain in his back and neck while lifting a stretcher, and was granted $130,000 in awards after MDASR's guidance.
An HVAC Technician fell from a ladder while working. After MDASR took his case, he was granted $155,000 in awards for his injuries.
A Nurses Assistant injured both hands, her neck, and shoulder while caring for a patient. After her case was settled, MDASR won her $160,000 in awards.
MDASR secured our client, a Customer Service Agent who injured their back while on the job working for American Airlines, over $189,000 in awards.
Claimant injured their left leg while working as a flight attendant for American Airlines. After retaining MDASR's services, he was awarded over $290,000.
An American Airlines employee injured back, neck and left arm lifting equipment while on duty. After taking the case, MDASR secured the claimant almost $290,000 in awards.
MDASR was able to secure $250,000 in awards for a Southampton Village employee working overtime. The claimant injured his lower back, leg and foot lifting heavy material.
Claimant suffered from hearing loss due to years of employment exposure to a loud environment, as an American Airlines runway employee, MDASR secured our client $245,000 in awards.
Town of Brookhaven employee injured his leg and knee while cleaning up local parks. After retaining MSADR, he was awarded $170,000.
Our client was on a ladder, when suddenly the step brok causing him to fall and hit the wall resulting in a back injury. After MDASR took his case, he was awarded over $146,000.
An Exterminator was traveling to his next job when he was hit by another car causing a concussion and injuries to his neck and back. MDASR was able to secure an award of over $130,000.
An American Airlines Flight Attendant slipped and fell while working on a layover and sustained injuries to her right hand, left knee and face, including her teeth. After retaining MDASR's services she was awarded $122,000.
A gas company's driver injured their back and right leg, including knee, ankle and foot. MDASR was able to secure an award for $120,000
MDASR secured over $160,000 for an Assistant Manager of a Long Island Bank when she slipped and fell on ice resulting in neck, back and left knee injuries.
A Lenox Hill Paramedic injured her back, neck and left shoulder while lifting a patient into an ambulance. After taking the case, MDASR secured the claimant over $170,000 in awards.
American Airlines flight attendant was injured when a truck hit her while she was loading a van, resulting in a broken pelvis, chipped lower lumbar and lacerations to her face and right hip. MDASR was able to secure $155,000 in awards.
MDASR was able to secure $218,000 for a construction worker who was injured on the worksite.
A utility worker sustained occupational injuries in both of his hips, shoulders and elbows. Due to his injuries, MDASR was able to secure a settlement of almost $130,000.
North Patchogue Firefighter injured his neck, back and head when an ambulance rear door swung into him. After retaining MDASR he was awarded over $225,000 for his injuries.
MDASR secured over $330,000 for an American Airlines employee. The claimant slipped off a tar mat injured their right foot and arm while working on the job.
An American Airlines ticket agent suffered injuries to his knees, right Achilles and right foot due to stationary standing over a long period of time. MDASR was able to secure him a settlement of more than $231,000 in compensation for his injuries.
A Newsday employee injured their left shoulder while pushing heavy printing material. After hiring MDASR they were awarded $89,250 for the injuries sustained.
While working as a direct caregiver, our client slipped and fell on a plastic tray sustaining injuries to their foot, knee, shoulder and hip on the left side. MDASR was able to secure the claimant more than $100,000 in awards for their injuries.
After slipping on ice while on the job, a FedEx worker sustained injuries to their buttocks, head, neck and left shoulder. MDASR was able to secure the claimant almost $210,000 in awards.
A Target employee injured their back while moving a heavy pallet of water. After retaining MDASR he was awarded almost $180,000 for his injuries sustained.
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"Injustice anywhere is a threat to justice everywhere." -Martin Luther King, Jr.
For over half a century, our firm has been dedicated to providing the highest quality legal services to those who can least afford it. Our Mission is to use aggressive representation combined with creative legal solutions to protect injured workers against those that would deprive them of their legal rights. The hallmark of McIntyre, Donohue, Accardi, Salmonson, & Riordan, LLP is that we accomplish the goals of our clients with a very personal touch, always remembering that our clients’ needs are most important. In a world where the rights of workers, especially those who are injured and disabled, are under constant assault by insurance carriers and various government entities, our firm stands up for those who can least defend themselves. We do this with honesty, integrity and the highest quality legal advice and representation. Our attorneys and representatives come from diverse backgrounds and are committed to using their extensive experience to advocate for injured and disabled workers. We strive for excellence with hard work and commitment. It is our goal that all of our clients will give us their highest personal recommendation.