COVID-19 UPDATE

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 wcbclaimsfiling@wcb.ny.gov, 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 [30] 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.

Other IMEs

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.

Payor Compliance

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.

Picture of Edward McIntyre
Partner

Edward McIntyre

Picture of Richard Donohue
Managing Partner

Richard Donohue

Picture of James Accardi
Partner

James Accardi

Picture of Scott Salmonson
Partner

Scott Salmonson

Picture of Sean Riordan
Partner

Sean Riordan

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Partner

James Seganti

A Law Firm Focused On Excellence

Headed by some of the most distinguished and experienced lawyers in the country, our firm has a sound base in the law fraternity. We aim to put our resources to effective use for the success of our clients. Backed by hundreds of successful cases in different fields of law, and having been the preferred law firm for countless New York and Long Island residents, you can rest assured that your case is in safe hands with us.

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Have a question about your Workers' Compensation claim?
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Our Mission

"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.

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COVID-19: MDASR UPDATE: We have been monitoring the status of the current COVID-19 pandemic and want to keep you updated on the measures we are taking. The CDC has urged employers to suspend gatherings of more than 10 people due to the virus. We want you to know that we are here for you. The …
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Office Locations

Suffolk
8 East Main St, 2nd Fl
Bay Shore, NY 11706
(631) 665-0609
Fax (631) 665-7409
Nassau
200 Garden City Plaza, Suite 201
Garden City, NY 11530
(516) 564-7791
Fax (516) 564-7833
Manhattan
515 Madison Avenue, Suite 1600
New York, NY 10022
(866) 557-7500
Fax (631) 665-7409
Bronx
1578 Williamsbridge Rd, Suite 3B
Bronx, NY 10461
(866) 557-7500
Fax (631) 665-7409
Brooklyn
32 Court St, Suite 1408
Brooklyn, NY 11201
(866) 557-7500
Fax (631) 665-7409
White Plains
399 Knollwood Rd # 220
White Plains, NY 10603
(866) 557-7500
Fax (631) 665-7409
Riverhead
737 Roanoke Avenue
Riverhead, NY 11901
(866) 557-7500
Fax (631) 665-7409