Meggesto, Crossett & Valerino, LLP

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Yes, I said it – every injured worker needs a vacation; just like their coworkers, bosses, and friends.  Injured workers deserve a break from medical appointments, physical therapy, disputes over medication, and from the worry and stress that comes after an injury or illness.  Injured workers need time away from all of this stress to figure out exactly how they are going to move forward.

Every injured worker that Meggesto, Crossett & Valerino, LLP represents wonders “Will I get better? Will I be able to return to my old job? What happens if I can’t go back to the only work I know how to do?”

Injured workers also wonder “When will I be paid?  Will my check arrive regularly to I can pay my bills?  What happens if I do not receive my check?  Why is the amount of my check increasing or decreasing?”

These are all fair questions and concerns that we, as attorneys, strive to answer for our clients every day.  We often find that injured workers get caught up in the immediate, short-term battles, such as attending medical appointment and comprehending the amount of their benefits, and could really use a break from it all.

When the attorneys and staff at Meggesto, Crossett & Valerino, LLP talk to our clients and try to answer these questions, we stress the importance of being in control of their situation.  We consistently remind our clients that they are the “Masters of their Own Density.”  In doing this, we recommend courses of action and strategies that will maximize benefits in the short run, while keeping in mind that we must protect both injured workers and their families in the long run.

When you change your daily routine by waking up in a different place, and where the only decision you have to make is whether to go swimming or fishing, you give your mind a chance to clear itself.  Perhaps even day dreaming while enjoying the sun, or an afternoon spent outside, would held put your mind at ease.  You might find that, when you least expect it, a thought or answer might pop into to your head that you were too busy or anxious before to realize.

Now, I know it is not easy; you may not have the money to enjoy a vacation nor the freedom to delay medical procedures or treatments.  But, we strongly recommend clearing a week or two in your schedule to just get away, even if only to a public park, to clear your head and relieve the stress every injured worker experiences.

Before summer turns to fall, take my advice and find some time to get away.  Who knows – maybe you will have a flash of inspiration.  Even if you do not, simple acts such as shutting the television off, moving your medical appointments, or simply having a change of scenery, can be an easy but important step on the path to becoming the “Master of your Own Density.”

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William W. Crossett, IV
Partner

Email: crossett@mcvlaw.com

Phone: 315-471-1664

Mr. Crossett concentrates his practice in the representation of Injured Workers. Since 1982, he has regularly appeared before the Workers’ Compensation Board and the Courts of New York. As an advocate for the Injured Worker, he has testified before the New York State Senate and has presented many Continuing Legal Education programs. Presently, Mr. Crossett serves as President of the Injured Workers Bar Association of New York and is an active member of Workers Compensation Law Division of the New York State Bar Association. In 2012, he was inducted as a fellow in the College of Workers Compensation Lawyers. Mr. Crossett practices throughout Central New York with an office in Syracuse.


Across New York State, the State Police are currently in the midst of their annual “speed week” campaign, which runs through Tuesday, August 11th. According to the State Police, speed is a contributing factor in one out of every three motor vehicle accidents across the state.

“Our goal during this campaign… is to get dangerous drivers off New York roads”, says superintendent Joseph A. D’Amico.

Troopers will be using both marked and unmarked vehicles in their effort to make New York’s roadways safer. In addition to speeding violations, the Troopers will be ramping up their attention to distracted driving, as well as any non-compliance with seat-belt and “Move-Over” laws.

Here are the current fines for speeding in a 55 or 65 mph zone:

First Conviction
– 10 mph over limit: minimum $45 maximum $150
– 11-30 mph over limit: minimum $90 maximum $300
– 31+ mph over limit: minimum $180 maximum $600
Second Conviction
– 10 mph over limit: minimum $45 maximum $300
– 11-30 mph over limit: minimum $90 maximum $450
– 31+ mph over limit: minimum $180 maximum $750
Third Conviction
– 10 mph over limit: minimum $45 maximum $525
– 11-30 mph over limit: minimum $90 maximum $675
– 31+ mph over limit: minimum $180 maximum $975
Court Surcharges
– Town or Village: $93
– Other Courts (City/Traffic): $88
Violation Points
– 1 to 10 mph over limit: 3 points
– 11 to 20 mph over limit: 6 points
– 30 to 40 mph over limit: 8 points
– 40+ mph over limit: 11 points (this triggers suspension)

Please be careful on the road, this week and every week.

If you have a traffic ticket, call Gary Valerino at MCV Law (315-471-1664) for help.

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Gary Valerino

Partner

Email: gvalerino@mcvlaw.com

Phone: 315-471-1664

Gary Valerino, Esq. is a 1998 graduate of Syracuse University Law School. Mr. Valerino is admitted to practice in all New York State Courts, the Federal Northern District of New York, and the Supreme Court of the United States. He has been practicing law since 1989 and has been with Meggesto, Crossett & Valerino, LLP his entire career.  He is a member of the Association of Trial Lawyers of America (ATLA) and the National Association of Subrogation Professionals (NASP).  He is also an approved subrogation counsel for many of the major insurance companies.


Filling out the C-257 mileage form used to be a long, tedious process. Luckily, MCV Law has made it easier with our new Mileage and Transportation Form Generator! With the ability to copy previous entries, filling out the C-257 is now a breeze. Simply click the link below and give it a shot.

Give a try!

MCV Law Attorneys

In order to settle the medical portion of a Workers’ Compensation claim, we are sometimes required to take into account Medicare’s interest. This requires us to obtain a Medicare Set-Aside. While this may seem confusing and unfamiliar, there are many advantages to settling your medical with a Medicare Set-Aside.

First, a Medicare Set-Aside is managed by you. This means that you no longer have to get pre-approval for your treatment and no longer have to wait for pre-approval from your adjuster at the pharmacy for your scripts. You can also treat at your leisure and are not required to follow the Medical Treatment Guidelines. Many of our clients find it easier to leave New York and get to warmer weather when they are in charge of their treatment. Often times, claimants find difficulty getting treatment out of New York State, and a Medicare Set-Aside fixes that problem. The money goes with you – and you use it as you see fit.

The second advantage to a Medicare Set-Aside arrangement assures that you have medical coverage for life. When the Centers for Medicare Services approves the amount of your Medicare Set-Aside, they are agreeing to pay your treatment, subject to their rules, once the monies in the set-aside are exhausted. This way, you have coverage for life, whether it comes from your Medicare Set-Aside monies or directly from Medicare.

During early settlement discussions with our clients, many are confused by the Medicare Set-Aside process, but quickly realize that it has many advantages and is actually quite simple. Given the advantages discussed above, many of our clients are happier using a Medicare Set-Aside than relying on the Carrier to manage their treatment.
Bethany Nicoletti

Email: barliss@mcvlaw.com

Phone: 315-471-1664

Bethany Nicoletti is a graduate of Ithaca College where she earned her B.A. in Communication Studies. She graduated cum laude from University at Buffalo Law School in 2013 and was admitted to the New York State Bar in the Fourth Judicial Department in 2014.

Calculating Weekly Benefits

How much will I get? This question is usually one of the first things a client asks us when discussing a Workers Compensation case. Previously, to answer this, we would have to get the necessary information from the client, then calculate the weekly benefits, and then finally contact them again so they could hear the result. Now, we have made it much easier! The only thing you have to do is follow the instructions on the calculator page and it will give you an estimate of the benefits you will receive!




This week the United States Senate will take up legislation to fund the nation’s highway system. Most of us think this is a good thing. However, we have learned that one or more of the amendments to the legislation would cut Social Security Disability Income (SSDI) to help fund the highways. Specifically, the proposal talks about cutting benefits for people who receive SSDI and Unemployment Insurance (UI).

Typically, the UI overlay is because SSDI beneficiaries have attempted to work, as the law encourages, but lost their job to no fault of their own.
The National Association of Disability Representatives (NADR) has encouraged us to write to our New York State Senators Chuck Schumer and Kirsten Gillibrand urging them to oppose this and other amendments to the Highway bill.

Here is a sample letter from the Consortium for Citizens With Disabilities for your consideration. Please share your concern with our State Senators, whose email addresses are shown below.

Senator Chuck Shumer: robert_gardner@schumer.senate.gov
Senator Kirsten Gillibrand: karina_cabrera@gillibrand.senate.gov


The Average Weekly Wage (AWW) is one of the most important issues in your case. The AWW determines how much you will be paid in the event that you are out of work for a work-related injury. The higher the AWW, the higher your rate of pay. At MCV Law, one of the first things we look at is whether the AWW has been calculated correctly.

The Average Weekly Wage is just that – an average. It is calculated by taking your total earnings for the 52 weeks prior to your injury and dividing that by the number of days worked, giving you the average daily wage. The average daily wage is then subjected to a multiplier depending on the number of days worked, as provided for by Section 14 of the New York Workers’ Compensation Law. For example, Section 14 provides that a seasonal worker’s AWW should be calculated by multiplying the average daily wage by 200, whereas the AWW of an employee who works 6 days per week is calculated using a 300 multiple. However, the vast majority of employees work 5 days per week, and, thus a 260 multiple is generally used. There are various other arguments that can be made to increase an AWW. At Meggesto, Crossett & Valerino, LLP (MCV Law), we work to support the argument that is likely to produce the highest AWW.
The law also accommodates injured workers who had a second job at the time of their accident. This is referred to as “concurrent employment.” The assumption is that, if your injury prevents you from earning wages at another job, those wages should also be replaced. The concurrent employment must be “covered employment,” meaning that the concurrent employer must carry Workers’ Compensation insurance. Your total earnings from your concurrent job are added to your earnings at your primary employment. Just like the primary AWW, arguments can be made to maximize the concurrent AWW.

Section 14 of the law also accommodates minors. Under the Workers’ Compensation Law, the age of majority is 25. If you are injured at work before reaching the age of 25, a “Minor’s Wage Expectancy” calculation is assessed to determine what you would have been making at the age of 25. A Minor’s Wage Expectancy determination applies at the time of permanency. The determination is made by analyzing the injured worker’s performance reviews and potential for promotion, as well as looking at what other employees in the same field are earning. For many, this will substantially increase their AWW.

Lastly, the law sets forth maximum and minimum rates depending on the date of accident. Below is a chart demonstrating the maximum rates since 2009. The current minimum rate is $150.000.

Date of AccidentMaximum Rate
July 1, 2009 – June 30, 2010$600.00
July 1, 2010 – June 30, 2011$739.83
July 1, 2011 – June 30, 2012$772.96
July 1, 2012 – June 30, 2013$792.07
July 1, 2013 – June 30, 2014$803.21
July 1, 2014 – June 30, 2015$808.65
July 1, 2015 – June 30, 2016$844.29