Mcv Law | MCV Law

The Insurance Company is Paying Me “Without Prejudice”, Now What?

Posted by: MCVLawBlog In: Workers Compensation 10 Sep 2015 Comments: 0 Tags: hurt at work, Injured Worker, mcv law, new york state workers' compensation, syracuse attorney's, Syracuse Injured Worker, syracuse workers compensation

Many times, the carrier will issue payments to you without prejudice. This means that the carrier is taking advantage of Section 21-a of the NYS Workers Compensation Law. Section 21-a allows the carrier to pay you without accepting your case. In other words, the carrier is asserting that the mere fact that they are issuing payments to you cannot be deemed an acceptance of liability for your claim. Rather, they are agreeing to issue payments to you while the record continues to develop or while they await further information.

This does not mean you will have to pay back the awards in the event that the carrier later asserts it is not liable. It simply means that the carrier is not accepting liability by making payments. The carrier may make payments without prejudice for up to one year. Unless the Carrier sends a notice of termination within the year, the payments are deemed an admission of liability.

Sometimes, the carrier may also grant certain treatment without prejudice. This usually pertains to treatment for body sites that are not presently established in your case. The insurance carrier is again saying that, while it is agreeing to pay for certain treatment, it is not accepting the liability for those body sites until the record is further developed. Again, you will not be responsible for the treatment in the event that the carrier later disputes liability for the body site.
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.

Social Security’s 80th Anniversary

Posted by: William Crossett In: Social Security, ssdi 14 Aug 2015 Comments: 0 Tags: kim slimbaugh, mcv law, social security, social security disability, social security disability benefits, syracuse attorney's

Today marks the 80th anniversary of the Social Security program. The program was signed into law by President Roosevelt in 1935 and was intended to provide “some measure of protection to the average citizen and to his family against the loss of a job and against poverty-ridden old age.” The program has served our nations workers ever since. Please continue to encourage our lawmakers of the need to protect and strengthen the program.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP. In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992. She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

Watch Your Speed! Troopers Ramping Up For “Speed Week Campaign”

Posted by: William Crossett In: Traffic 07 Aug 2015 Comments: 0 Tags: mcv law, speed week, speeding, syracuse attorney's, syracuse lawyer, ticket, traffic, traffic ticket

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.

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.

What are the advantages of a Medicare Set-Aside?

Posted by: William Crossett In: Workers Compensation 28 Jul 2015 Comments: 0 Tags: mcv law, New York Workers Compensation, syracuse attorney's, Syracuse Injured Worker, syracuse lawyer, syracuse workers compensation, workers' compensation

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

Announcing MCV Law’s Workers Compensation Benefits Calculator

Posted by: William Crossett In: Workers Compensation 22 Jul 2015 Comments: 0 Tags: hurt at work, Injured Worker, mcv law, new york state workers' compensation, New York Workers Compensation, syracuse attorney's, Syracuse Injured Worker, syracuse lawyer, syracuse workers compensation, workers' compensation

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!

Try Our Workers Compensation Benefits Calculator!

United States Senate Considers Cuts To SSDI To Help Fund Highways

Posted by: MCVLawBlog In: Social Security, ssdi 20 Jul 2015 Comments: 0 Tags: kim slimbaugh, mcv law, social security, social security disability, social security disability benefits, syracuse attorney's, syracuse lawyer

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

Quick Answers By MCV Law: Just What Is The Average Weekly Wage?

Posted by: MCVLawBlog In: Quick Answers, Workers Compensation 15 Jul 2015 Comments: 0 Tags: Accident, bill crossett, hurt at work, Injured Worker, mcv law, new york state workers' compensation, New York Workers Compensation, syracuse attorney's, Syracuse Injured Worker, syracuse lawyer, syracuse workers compensation, workers' compensation

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 Accident	Maximum 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

3 Reasons Why You Should Have an Attorney

Potential clients often ask us whether or not they need an attorney. The short answer to this question is no, injured workers are not required to have an attorney. However, there are 3 key reasons why we believe injured workers should have an attorney.

1. Your Rights – Injured workers need someone on their side. The insurance company will have an attorney representing their rights, so it is important to have someone looking out for your rights. The insurance company does not work for you. In fact, their main goal is to save money. A common misconception is that the insurance company must explain what they are doing to you, but this is not true. The insurance company has no obligation to inform you of your rights or even explain the law to you. Additionally, the Judge does not work for you. While the Judge’s role is to administer justice, the Judge has no obligation to fight for your rights. As claimants’ attorneys, we are on your side and it is our role to see that you receive every benefit you are entitled to under the law.

2. The Paperwork – The Workers’ Compensation system has over 50 forms for injured workers to use for various reasons. In addition to the forms designated for you, there are numerous other forms designated for insurance carriers. If this is not enough, injured workers often receive paperwork from the Workers’ Compensation Board pertaining to their case. This creates a lot of mail and can be very overwhelming for an injured worker simply trying to get better. Also, much of the paperwork can be very difficult to understand. At MCV Law, we help our clients understand the paperwork they receive and help them decipher what is important and what is not.

3. Medical Care – Although most injured workers trust their doctors, many of them are confused by what their doctor is saying in their medical reports. As attorneys, we work to help clarify what is in your medical reports and how it will impact your case. For example, if your doctor has you at 75% temporary disability, he or she is saying something about your ability to return to work.

Although you can Google the law, call the Workers’ Compensation Board, read Blogs, etc., this is not the same as working with a team of dedicated attorneys, client advocates, paralegals, and other important staff that are focused exclusively on representing your interests. Every case is unique and our attorneys strategize, plan, and execute based on the particular facts and circumstances of each case – something the other sources cannot do for you.
Bethany Nicoletti

Email: barliss@mcvlaw.com

Phone: 315-471-1664

Quick Answers By MCV Law: Just What Is New York Workers’ Compensation Law?

Posted by: William Crossett In: Quick Answers, Workers Compensation 08 Jul 2015 Comments: 0 Tags: hurt at work, Injured Worker, mcv law, new york state workers' compensation, New York Workers Compensation, syracuse attorney's, Syracuse Injured Worker, syracuse workers compensation, workers comp, workers' compensation

New York’s Workers Compensation Law is an employee’s only remedy for injuries arising “out of or in the course of employment”. This means that if you are injured or hurt while at work or develop a sickness or disease that is caused by your employment, you are entitled to Workers Compensation benefits. In most cases, the Worker’s Compensation law prevents you from suing your employer, with the exception being an intentional act by the employer, such as an assault.

If your injury, sickness, or disease is a result of the negligence of a third party who is not a co-employee, you may have the right to bring an action in addition to your Workers Compensation case. This is commonly referred to as a third party action.

Some examples of third-party actions are:

An action against a property owner who has a statutory duty to provide a safe place to work. This usually occurs on construction sites, particularly regarding falls from elevated heights.
An action against an owner of an automobile or truck that caused a serious injury to an employee driving in the course of employment.
An action against the manufacturer of a machine or device that caused injury due to a defect or lack of warning.

If a recovery is made in the third-party action, the Worker’s Compensation carrier is entitled to be reimbursed for what was paid in the Workers Compensation case.

In New York, Workers’ Compensation benefits include lost wage benefits and medical care that is causally related to the injury, sickness, or disease.

For a more in depth look at workers compensation, click here.

Disclaimer: Quick Answers by MCV Law is provided by the attorneys and Meggesto, Crossett and Valerino, LLP. The content contained in this post, as well as on the website as a whole, is provided for informational purposes only and should not be construed as legal advice on any matter.

Is it Disability, Compensation or Something Else?

Should I file for Disability, NYS Workers Compensation or something else?

Often people call MCV Law requesting help with a “Disability Case. “ They are injured, unable to work and looking for help to pay the day-to-day bills. The first thing the Attorneys and Staff at MCV Law do is listen.

We carefully listen to your story. We’re listening for particular facts and circumstances that will help us determine what remedy or remedies may be available to you. We ask targeted questions, to determine where you may or may not be in the process of making a claim.

Generally we are trying to determine whether or not you have one of the following:

A New York State Disability Case.
A New York Workers’ Compensation Case.
A No Fault Motor Vehicle Accident Case.
A Personal Injury Action.
A Private Short or Long-Term Disability Case.
A Social Security Disability Case.

Sometimes, there is more than one type of case arising from a single event. For instance if you’re involved in a Motor Vehicle Accident, while Working you have both a Workers Compensation claim and a No Fault Motor Vehicle Accident case. If the Accident was caused by a third-party you may also have a Personal Injury Case. If the injury is life changing you may have a Social Security Disability Case as well.

Of course, every type of case has different rules, the most important of which is the Statute of Limitations. That is the time in which the injured person must act to protect their rights. Often, especially in cases dealing with municipalities or other quasi-government entities, the statute limitations is extremely short. Therefore it is important to seek legal advice shortly after your injury or injuries. MCV Law does not charge you for the initial consultation.

At Meggesto, Crossett & Valerino, LLP, we pride ourselves on being able to assist the injured person with regard to all of the cases listed above. Instead of looking only for one type of case, we look at the injured individual as a whole. We work to craft a legal strategy that is most likely to produce the best result for you, in a timely and cost-effective manner.

Be sure to click here for further information on workers compensation, and here for a more in depth look at social security disability.