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When we had smaller more easily towed cars we could return to pick up our own. Realized my office at work has a nice sunny windowsill.. If you ever need a tow, AAA will beat the pants off the also-rans. So, not only do I have peace of mind for an upcoming trip, I also have a bonus membership for my college student as well. One time I was stuck in Nevada on the way to Reno in the middle of nowhere and late at night. The price I pay for modifying my car, I guess.
Fatal Amtrak crash with pedestrian in Castleton Schodack police say a man was killed Thursday night when he was struck by Amtrak train while crossing the tracks near Main Street in Castleton. Officials the spot in a popular crossing point for pedestrians going to the river.
Murder plot A year-old convicted rapist admitted in Saratoga County court on Wednesday that he tried to win his freedom by hiring someone to murder a witness in the case. The person he tried to hire was an undercover police officer. Possible Troy shooting Police in Troy are investigating reports of shots fired near 4th Street and Congress Avenue at around 11 pm on Wednesday. Storms Tuesday's storms downed trees in the Capital Region and left about 8, residents without power for a while. South of the Capital Region, in Newburgh, an year old girl was killed by a falling tree.
The Albany library budget was also approved by voters. Replacing Schneiderman Legislators began interviewing 12 candidates to replace Eric Schneiderman on Tuesday, including Acting state Attorney General Barbara Underwood Four Republican state senators have been added to the committee vetting the candidates.
Today is school budget, school board, and library budget voting day. Don't know where to vote? Check with your school board's website. Andrew Cuomo more than three centuries later. The wall has been in need of repairs for years and its potential failure, during an event like a large flood, would also threaten a major sewer line. How the state handles sexual harassment complaints Brendan Lyons looks at how the state has handled harassment complaints against a high-level agency executive at multiple stops in the bureaucracy, which a former affirmative action officer said points to a pattern of protecting appointees by moving them around.
Homeless in Saratoga Springs Ann Friedman talks with a group of homeless people living in camps in Saratoga Springs about their daily lives and what they say is a lack of services in county services. Prosecuting Scheiderman Andrew Cuomo has appointed Nassau County District Attorney Madeline Singas as a special prosecutor to investigate the domestic violence and abuse allegations against Eric Schneiderman.
Not publicly clear at the moment: Whether the women mentioned in the New Yorker article want to press charges. Schenectady murder for hire verdict A Schenectady County jury returned guilty verdicts for the two men on trial for their connection to the contract killing of Charles Dembrosky in Schenectady. Joevany Luna was found guilty of first-degree murder and potentially faces life in prison, while Kyshaan Moore was found guilty of second-degree murder and potentially faces 25 years to life.
Replacing Schneiderman New York State lawmakers continue to search for a permanent replacement for Schneiderman. The state Assembly is expected to start interviewing candidates for the job next week. Schneiderman's temporary replacement A profile of Eric Schneiderman's temporary replacement, Barbara Underwood. Good riddance Sarah Foss says "good riddance" to Schneiderman. Two of the women -- who had longterm relationships with Schneiderman -- talked to the magazine on the record, their accounts detailed and corroborated by others.
While these allegations are unrelated to my professional conduct or the operations of the office, they will effectively prevent me from leading the office's work at this critical time. Jimmy Vielkind, in a run-through of possibilities: Building and codes inspectors Lauren Stanforth in a large Times Union review of local building and codes inspection operations: The city of Albany was an early adopter of the program and former police chief Brendan Cox is now part of the national org.
Quackenbush Center The developer of the proposed mixed-use project next to Quackenbush Square in downtown Albany says construction bids were much higher than expected , but the company is still committed and is reformulating the plan. Cynthia Nixon has yet to do so. Lincoln Park sewer facility The sewer facility proposed for a ravine in Albany's Lincoln Park continued to face skepticism at a public meeting Thursday evening. The plan to fix a problem in Albany that's been a century in the making -- and the concerns about that fix.
Albany school board election There will be four candidates for three positions on the Albany school board for the May 15 election -- which will, oddly, involve two ballots. Police officers arrested Four law enforcement officers -- three of them from the Galway Police Department -- were arrested Tuesday on charges they falsified documents filed with the state related to officer training.
The state Attorney General's office has been investigating the village police department for all sorts of alleged misconduct, including the falsification of training credentials for officers who have ended up taking jobs at other police agencies around the region. The village has a tiny police force with a tiny budget and the mayor says its main purpose is to deter speeding.
Sick days There's a proposed Albany County law that would mandate paid sick time for the employees of private sector employers in the county. Albany County exec Dan McCoy has supported this idea. The Capital Region Chamber is opposing the legislation and sent out an email to members this week urging them to speak out against it. Siena coach search A "source close to the situation" has been telling local media outlets that Jamion Christian will be the next Siena men's basketball coach.
Rodger Wyland has been saying this since last week. Winthrop coach Pat Kelsey had also been a rumored candidate. Schenectady landslide report A report released to the Daily Gazette on Monday shows water from a broken water service line that leaked into a dirt basement floor of a Barney Street home caused the Schenectady landslide earlier this year. Silver trial Sheldon Silver's retrial got underway on Monday with prosecutors claiming the former Assembly speaker abused his power for personal gain by taking bribes, while the defense told the court "Everything that happened in this case was not only legal Hochul Kathy Hochul called rumors that she'll be dropped from Andrew Cuomo's democratic ticket a "non-story," but Cuomo has publicly suggested that she run for Chris Collins' House seat.
Opioids A look at the changing approach -- and barriers that still remain -- to offering immediate access to withdrawal medication for people suffering from opioid addiction , which could significantly reduce the number of overdoses. Galway Police Department Brendan Lyons reports that the state Attorney General's office has been investigating the Galway village police department for allegations of all sorts of misconduct.
Suspension disparities Black students in many Capital Region schools districts are suspended at much higher rates than their white classmates , according to recently released federal data -- and parents say they're concerned their children have been treated differently. Harassment in state government Vivian Wang on three recent cases of alleged harassment involving state employees and the lack of a single investigative body or agency to handle complaints of harassment brought by people working for New York State: What policies do exist are not always followed.
And for all the sleek uniformity that officials have promised in recent weeks, none of the new policies fully address how, in practice, it will be achieved. Race for governor Marc Molinaro says he's secured enough endorsements to claim the Republican nomination for governor. It includes parts of Saratoga, Washington, Rensselaer, and Columbia counties. Marchione to retire State Senator Kathy Marchione announced on Wednesday that she will not run for re-election.
Marchione cited family reasons for stepping away from the Senate, but Democrats are buoyed by her decision to leave , combined with the results of this week's special election. In a letter, Cuomo told Felder," You have said that you act in the best interest of your constituents. For their benefit, now is the time that matters. Polls are open until 9 pm. Check with the state Board of Elections or your county board of elections site. And its fate in the state legislature isn't clear , in part because of a key swing vote in the state Senate.
Chris Churchill commented that the bag ban is an example of Cuomo's "great Cynthia Nixon freak-out. Albany homicide Albany police say a year-old man died after being shot multiple times near Clinton Street and Second Ave in the South End map Sunday afternoon. APD says it's investigating and asking anyone with info to call or provide an anonymous tip. It's Albany's second homicide of the year. Federal prosecutors allege that Mack recruited women for what was described as a mentorship group but instead were sexually exploited.
Mack had been previously listed as an unidentified co-conspirator. Schenectady landslide In a notice of claim filed against the city of Schenectady, owners of a rental property on Nott Terrace allege that the city knew there was a water leak on the hillside above their property that was weakening hillside before the January landslide. The man was trapped in a residence by the landslide says he's been suffering from physical injuries and PTSD.
An attorney for neighbors who oppose the project says there may be further legal challenges. Schenectady City Council president workplace violence allegation Schenectady City Council president Ed Kosiur said in a letter that he raised his voice and was impolite during an exchange with city employees, but he strongly disagrees that he violated the city's workplace violence policy. Teens sentenced in Mechanicville murder The 17 year old and 20 year old who admitted to robbing and fatally shooting a Mechanicville man last summer, were sentenced to 18 years to life and 20 years to life respectively.
Sentencing in death of teen Nineteen-year-old Christopher Miranda was sentenced to 5 to 15 years in prison for the death of year-old Zachery Brown, struck and killed on a Saratoga County roadside last year, driving at speeds of up to miles per hour. Car crashes into yards, home and hydrant A car crashed into the porch of a Schenectady home on Albany Street early Thursday morning, hitting three yards, a fire hydrant and flipping an SUV in its path.
The driver and two passengers were taken to the hospital for treatment. Police taped RPI protest Troy police officers hired by RPI videotaped a protest at the school last fall, and handed the tape over to institute officials, who used it to identify protest leaders. A middle class guy Andrew Cuomo released his tax return on Tuesday, and declared himself a " middle class guy. Sheehan campaign complaint The state Board of Elections has filed a complaint alleging Kathy Sheehan's mayoral campaign took contributions from donors that exceeded limits , filed late reports, and violated a law that forbids political parties from holding raffles -- a campaign spokesman said the campaign has been working with the state BOE "to amend filings and ensure compliance.
Schenectady code enforcement Schenectady city officials told a city council committee meeting that the city's buildings department is more quickly addressing code violation reports , emphasizing training, and working toward other improvements. The department has been the subject of significant criticism following the fatal Jay Street fire. Nurses there say they're seeking a voice in staffing decisions as well as fair wages and benefits. Ahead of the announcement when it became apparent he wasn't going to get the endorsement, Andrew Cuomo said he wouldn't be seeking it.
The last two labor unions that were part of the Working Families Party also exited. The endorsement also possibly has some implications for future ballot lines.
When upstate is ruled, as it usually is, by downstate politicians with so little understanding of its needs, wants and culture, the region can only continue to suffer and dwindle. Marijuana legalization Andrew Cuomo on marijuana legalization: Schenectady police Last year's Court of Appeals ruling that Schenectady's public safety commissioner can preside over police disciplinary hearings includes a provision that the trial portion of the process is open to the public -- though the three cases that come up since then have been resolved before reaching that point.
Former mayor pleads guilty The former mayor of Stillwater -- Rick W. Nelson -- has pleaded guilty to child pornography charges.
He's facing years in prison. Roger Stone and James O'Keefe at Siena Siena is hosting a student-organized free speech conference this weekend that will feature many conservative political figures and operatives , including Roger Stone and James O'Keefe. NXIVM founder Keith Raniere is scheduled to appear in federal court in Brooklyn this week on charges of sex trafficking and conspiracy to commit forced labor.
Suspicious device removed from Ballston Spa railroad track State, local and federal authorities safely removed what appeared to be a pipe bomb from railroad tracks in Ballston Spa on Wednesday. The city has been working with the state in recent years on its fiscal situation, submitting itself to a review by an outside firm at the state's request.
Holocaust memorial Niskayuna residents turned out Tuesday night to voice their opinions on a controversial Holocaust Memorial proposed for Route 7. Raniere attorney NXIVM leader Keith Raniere has retained Paul DerOhannesian a criminal defense attorney and former prosecutor from Albany to defend him against federal charges of sex trafficking and conspiracy to commit forced labor.
Troy police Troy mayor Patrick Madden says the city should get an independent expert to assess the size of the city's police force with an eye toward expanding the force in order to purse community policing. Siena coach investigation A "person who witnessed the incident but is not authorized by the school to comment" tells the Times Union that they saw Siena men's basketball coach push a player out a chair during a team review session , an incident Brendan Lyons reports is now a subject of the investigation of Patsos.
Albany Med nurse unionization A look at the heated situation surrounding the current unionization campaign among nurses at Albany Med. Greenfield woman shot in head The Saratoga County Sheriff's office says a Greenfield woman was shot in the head by her boyfriend during a domestic incident Saturday night, and was in critical condition.
Neighbors said they heard yelling before the gunshot. The sheriff's office says the boyfriend has been charged with first-degree assault. Fatal industrial accident Colonie police say a man working for a landscaping and excavation company died Saturday after he was pinned between by two pieces of equipment. The capacity crowd of people had a series of pointed questions for Stefanik, and some of her answers prompted derisive laughter and boos. Schenectady County jail employee resignations following raid State Police say a former Schenectady County jail guard was arrested last week as part of a drug investigation, which prompted an internal investigation by the Schenectady County Sheriff's Department and Sheriff Dominic Dagostino says four jail employees have resigned as a result.
Troy police drug unit closed New Troy police chief Brian Owens has closed the department drug unit that had included members now facing charges related to an alleged coverup of a warrantless search, and says he's focusing the department on community policing. Andrew Cuomo said the move would put Andrea Stewart-Cousins on track to be the first woman to lead a Senate majority conference, but Dems still have to pick up two Senate seats in special elections later this month for that to happen.
Man killed on train tracks Police in Colonie say a man was killed by an Amtrak passenger train after he appeared to purposely step out in front of the train.
Jay Street fire A Schenectady County grand jury review of the situation surrounding the Jay Street fatal fire concludes that " the numerous failures of the Schenectady Bureau of Code Enforcement office He criticized Andrew Cuomo for "an administration focused inward, not on the people, but on self-preservation, political survival and presidential ambitions.
Experts say it's unclear the workarounds will work. State budget As of Friday morning there was still no overall deal on a state budget as leaders try to get things nailed down before the start of the religious holidays and the start of the new fiscal year. Though the state legislature continued the tradition of passing bills in the middle of the night. A look at a few of the sticking points , which sometimes come down to individual members.
Nurse unionization at Albany Med The Cuomo admin announced Thursday that the state Department of Labor will be investigating alleged "threatening and coercive behavior" at Albany Med being used against the campaign to unionized nurses there. Albany Med, in a statement to the Times Union, countered that it has "received numerous reports of our nurses who intend to vote no being subjected to intimidation and bullying by union supporters.
But several controversial policy issues may be left off the negotiating table , including early voting, tuition aid for undocumented immigrants, and a law that would make it easer for victims of child abuse to sue abusers.
Cuomo on bailing out casino In response to questions abou the struggling Del Lago casino, which is having trouble competing with the Seneca Indian Nation casinos, Andrew Cuomo said Wednesday that he has no interest in bailing out private businesses.
Budget Legislators are scrambling to finish up the budget early so they can get home for Passover and Good Friday, and it appears a number of issues may be left out of the plan, including taxes, immigration policy, sexual harassment and the Child Victim's Act. NXIVM founder arrested The Department of Justice announced that Keith Raniere -- the founder of Nxivm, the secretive org based in Colonie -- is facing charges for alleged sex trafficking, sex trafficking conspiracy and forced labor conspiracy.
The group is alleged to have branded women with a cauterizing device and required them to submit compromising material about themselves. She also the criticized what she described as the "the old boys' club" arrangement in state government. So drives these threats? APD said a man was shot in the leg and suffered non-life threatening injuries. It described the situation as "an isolated incident that occurred inside of a single room at the motel in which the victim and suspects were known to each other.
Charges in Schenectady school crash A Schenectady man is facing charges for driving through a window into a classroom at Dr. Martin Luther King Jr. Elementary School in the early morning hours on Wednesday. The teen is charged with making a terroristic threat, which carries a maximum penalty of 2 to 7 years in prison. Capital Region population growth up while upstate population declines According to new census data, the Capital Region added nearly 17, residents since , making it the only Upstate New York region to show population growth in that time period.
A letter to parents from the principal says that the threat was not credible but the district was still taking it seriously. Car slams into school Schenectady's Martin Luther King Elementary School is closed today , after a car drove through a window and into a classroom overnight.
Abuse allegations at state agency Brendon Lyons reports that a n unreleased state Inspector General's investigation found that a top official at the state Division of Criminal Justice Services threatened female employees and engaged in years of sexual harassment, racism, and ageism -- but the official was not disciplined and two women who testified as part of the investigation were punished.
Cole crash trial From Friday: A Saratoga County court jury found John W. Cole guilty of felony assault, driving while ability impaired, and reckless driving -- and acquitted him of two other charges -- for the March crash in Halfmoon that left one of his passengers a quadriplegic.
He faces two to seven years at sentencing. Scott Shapiro -- the husband of Deanna Shapiro, was seriously injured: Plot against judge was made up Albany County sheriff Craig Apple says it's been determined that the reported plot against state Supreme Court justice Thomas Breslin was made up by a county jail inmate in an effort to get a deal. Guilty plea in Cohoes fire John Gomes pleaded guilty to fourth-degree arson for starting the burn barrel fire that got out of control in November destroying a damaging numerous buildings in Downtown Cohoes.
Fatal crash on Cohoes Waterford Bridge Police continue to investigate a fatal car crash that closed down the Cohoes-Waterford Bridget this morning. The Percoco trial and the Cuomo administration The Percoco trial raised a number of ethics and transparency questions about the Cuomo administration. Andrew Cuomo says the suggestions he knew about Joe Percoco's actions are "political garbage. Anything less is unacceptable. Based on the above it was the safest way to remove the immediate hazard, given the circumstances presented.
The acting CPD chief said the department will work to develop different procedures for similar situations in the future. Oquendo sentencing A State Supreme Court justice sentenced Johnny Oquendo to 27 years to life in prison for the murder of his stepdaughter Noel Alkaramla. Oquendo, who represented himself at the sentencing , maintained his innocence in a statement to the court.
Percoco jury deadlocked The jury in the corruption trial of Joe Percoco has again told a judge that it is deadlocked , but the judge in the case wants them to continue trying to reach a verdict. Fatal fire in Rensselaer Three members of a Rensselaer family -- a child, mother, and grandmother -- died in a house fire early Sunday morning. Two other children suffered injuries , one of them serious. Officials say it's not clear yet what caused the fire -- it gutted the entire home -- and it's under investigation.
More than a hundred people gathered outside the house on Sunday for a vigil. Oquendo sentencing delayed Johnny Oquendo's sentencing for the death of Noel Alkaramla in Troy was postponed again -- to next Monday -- after the judge ruled the new sentencing report hadn't been made available with enough time ahead of the sentencing.
The judge also ruled that Oquendo can now represent himself with his most recent attorney on standby. Percoco trial The jury in the Joe Percoco case is still deliberating , apparently to the chagrin of almost everyone involved. Snow An estimated 7, Capital Region residents are without power after Wednesday's snowstorm. Twenty-eight flights were canceled at Albany International Airport.
Amtrak will continue operating on a modified schedule on Thursday due to the storm. Jay street fire A survivor of the Jay Street fire comes to terms with the verdict in the David Tyree case, and with his own suffering.
Schumer's infrastructure plan Chuck Schumer's proposal to improve infrastructure and create jobs by eliminating tax breaks from the nation's wealthiest individuals and corporations. Snow New York State has issued a travel advisory and many schools are closed and events canceled due to winter storm Quinn. Tyree acquitted A jury acquitted former Schenectady code enforcement officer Kenneth Tyree of four counts of manslaughter and criminally negligent homicide in connection with the fatal Jay Street fire.
Jay Street fire inspection trial The trial of former Schenectady inspector Kenneth Tyree had closing arguments Monday. The prosecution argued Tyree didn't put in the necessary effort to do his job correctly and, if he had, the four deaths in the fire could have been prevented.
The defense said that Tyree told his supervisor what he saw and argued Tyree is being scapegoated for the fire. Guns The state Senate passed a group of bills Monday backers said would increase safety for schools from gun violence -- including allowing retired police officers to earn more as school resource officers without a waiver, requiring schools to hold two active shooter drills a year, and Jim Tedisco's vanity license plate for funding armed guards in schools.
None of the bills deals directly with gun laws, which prompted sharp criticism from Democrats in the chamber. And Tedisco's bill in particular was mocked. Washington Ave Armory suing Migos The company that owns the Washington Ave Armory is suing Migos , alleging the hip hop group's actions encouraged and incited the brawling at their concert there.
The incident led to the venue being hit with a nuisance abatement order and it ended up surrendering its liquor license.
And a person who says he was seriously injured at the concert has also filed a suit against Migos and the Armory. NYSP say two troopers had responded to a call for single-vehicle crash in the median.
A two truck arrived with two operators. And then, with the scene marked off flares, State Police say another driver failed to move over, hit the patrol car, then hit both troopers and one of the tow truck operators -- all three suffered serious injuries and were hospitalized.
The second tow operator and the driver of the second vehicle also suffered injuries. The second driver is facing DWI and "numerous others" traffic charges. It was like a hurricane coming through. There's no reason why he shouldn't have seen it. Schenectady police excessive force case According to a Schenectady Police Department internal affairs reports, an SPD lieutenant who had been up for the job of police chief had shown photos of a woman whose head had been busted open when officers slammed her head into a bench and told other members of the force "this is what happens when someone hits one of my men" -- the report concluded that the officers hadn't followed training and the use of force was excessive.
The report surfaced in a federal court filing as part of a lawsuit filed by the woman. Snow Things changed -- as the forecast probabilities suggested they might -- and we're getting a lot of snow.
The NWS forecast as of 9 am is projecting an expected snowfall of 14 inches in Albany , with higher totals to the west. There are, of course, many cancellations and delays.
Check before heading out. Even better, don't head out if you don't have to. And take it slowly with the shoveling -- it's wet and heavy snow. Trial related to Jay St fire The prosecution cross examined former Schenectady housing inspector Kenneth Tyree Thursday about his inspection of Jay Street -- Tyree said he didn't have experience with alarm systems and was told to look but not touch the building's alarm system.
At one point during the questioning, when the prosecution mentioned the victims of the fire, Tyree started sobbing. Guilty verdict for man shot by Schenectady police The man shot by Schenectady police last year -- an incident shown on Facebook Live by a bystander -- was found guilty on charges connected to the case , including criminal possession of a weapon.
The weapon was a loaded sawed-off shotgun that police say the man threw to the porch of a nearby home, and prosecutors say his DNA was on the gun handle -- SPD has not said what the object was that the man was accused of pointing at police.
Prominent judge receives death threats Death threats received by State Supreme Court judge Thomas Breslin have been deemed credible and police are guarding his home while an investigation is underway. Cuomo on gun control Andrew Cuomo is blaming members of his own party in Congress for failing to advance tough gun control measures.
The resolution is not a settlement and won't release the companies from future reimbursement costs and damages. Former priest and abuser found dead in jail A former Long Island Catholic priest who was arrested for child sexual abuse last year at a Washington County retreat, was found dead on Tuesday in a Saratoga County jail cell. The Sheriff's office says the death is believed to be a suicide. Michael Hands was slated to be sentenced on Thursday after pleading guilty in January to two felony counts of sexually abusing a child.
Trial related to Jay St fire During cross examination Monday, the attorney for defendant Kenneth Tyree worked to portray for the former Schenectady inspector as poorly trained and cast doubt on some of the claims made by his supervisor. Tyree's inspector testified that he told Tyree to call him if he ran into any issues or anything he didn't understand while inspecting Jay St.
Percoco trial The defense in the Joe Percoco trial rested Monday after just a handful witnesses -- and without Percoco testifying. The case is of particular interest in New York State , which has more than 1 million unionized public employees across the various levels of government. How much the case could affect the power of unions in New York is a matter of debate. Scare at Colonie Center An incident in the food court at Colonie Center late Sunday afternoon prompted word to circulate -- incorrectly -- in the mall that shots had been fired, leading people to take shelter or flee.
Colonie police say there was no gun and no shots were fired during an argument between a customer and a clerk -- the man is alleged to have said he had a gun, apparently loud slaps on the kiosk had been interpreted as gunshots. CPD says the customer was arrested on charges that include criminal nuisance. Mohawk Flooding The warm temperatures have resulted in an ice jam break on the Mohawk that is beginning to flood the Stockade neighborhood.
Pedestrian death Albany police are investigating the death of a year-old pedestrian who was hit by a car as she stepped out from between parked vehicles near Washington and Quail Streets on Tuesday night. Ice jams and potential flooding The rapidly warming weather this week is prompting concerns about potential flooding along the Mohawk River as ice jams thaw and move downstream.
Meteorologists say it's hard to predict how the mile-long ice jam in the Mohawk affect things. Mother charged following Troy fire Troy fire officials say it looks like the house fire on 4th Ave was caused by kids playing with matches or a lighter. The mother of the three children is alleged to have left them alone in the apartment and she's facing misdemeanor child endangerment charges. A passerby and neighbors came to the aid of the kids.
Jay Street fire inspection trial Thursday included testimony from former residents of the Jay St apartment building, one who told the court upkeep of the building had fallen off in the months leading up to the fire and another who said city building inspector Kenneth Tyree didn't check the smoke detector in his unit during an inspection that was "real quick, about a minute. Albany County Sheriff Craig Apple: I never thought I'd say that about active shooter situations, but this is.
Troy police Chief The city of Troy has a new police chief. Brian Owens took command of the city's police force on Wednesday, promising to lead the city's police out of a tumultuous two years.
Jay street fire trial The former building manager of the Jay Street apartment building destroyed in a fatal fire in , took the witness stand on Wednesday , testifying against Kenneth Tyree, the Schenectady city inspector charged with failing to properly inspect the building. The testimony was part of a plea agreement for Sacks , who pleaded guilty last month to four counts of criminally-negligent homicide will spend 1 to 3 years in state prison. Jay street fire A Schenectady County jury heard a tale of a narrow escape from a survivor of the Jay Street fire who leapt from a fifth floor apartment to escape the blaze.
Mero sentenced Edward Mero was sentenced on Tuesday to 50 years to life for the murders of two woman whose deaths he tried to cover up in a Coeymans fire.
Percoco trial Todd Howe was back on the witness stand Tuesday, following a weekend in jail after admitting to an act of fraud on the witness stand last week. Howe told prosecutors "I'm in a boatload of trouble. And the city council issued a joint system condemning the flyers and asking anyone with info about them to contact police. The city's public safety commissioner says the distribution of the flyers violates city code , but isn't a criminal offense.
Trial related to Jay Street fire A review of video and calls from the fatal Jay Street fire that have surfaced as part of the trial of former Schenectady building inspector Kenneth Tyree, which resumes Tuesday. It's one of the main ways the state distributes financial aid to cities. They also say the Cuomo admin's push for local municipalities to share services hasn't been counting the full range of such efforts. It's probably not good for the prosecution.
Does Howe get to wear a suit in court now or will he be in prison clothing? Motion for leave to appeal denied. This case was ernver heard before the 3rd Department. It is interesting to note that the first motion to be heard before the 3rd Department, October 9, , was accepted with the caveat that it explain why that motion was filed late. The next five motions to the 3rd were denied, including one denying permission to go to the Court of Appeals which itself, on three occasions, denied a motion to hear the case, December 17, being the last.
Motion for leave to appeal by claimant of an April 16, decision by this Court denied. A previous motion was denied by this same Court September 10, Motion for leave to appeal the Courts August 20, dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
Claimant has unsuccessfully appealed denial of a Full Board Review. Appeal Dismissed upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.
Order of ; Affirmance; Leave to appeal granted by Court of appeals, ; Workers' Compensation - Special Funds - where the workers' compensation insurance carrier approves the settlement of a third-party personal injury action without first obtaining the consent of the Special Funds Conservation Committee SFCC to such settlement, and the SFCC thereafter denies retroactive consent for the settlement, does the Court in which the underlying personal injury action was commenced have the power to compel the SFCC to consent to the settlement nunc pro tunc, or must the carrier seek such relief from the Workers' Compensation Board.
Claimant, who resides in Brooklyn, was injured in the course of his employment as a correction officer in Queens. Although this is the fifth ruling against Rella by the Court in two years on this same issue, the points raised by Rella in this case are different from those in his prior cases. Claimant's counsel, Gerarda M. The Board rejected this assertion finding that there was no reason to anticipate that claimant would be required to attend future hearings in those pending cases, as they were nearing completion.
The Law Judge, in denying the venue request, noted that, prior to this application, Rella had been advised in a similar matter that venue was not established for the convenience of the attorney.
On claimant's application for review, the Board affirmed, with one Board member dissenting. Rella's venue request was based upon entirely unsupported assertions that failed to justify a change of venue either outside of claimant's residential district or the district where his public employer is located. We further find that the Board acted within its discretion in declining to consider the newly proffered justification for the venue request, which Rella advanced for the first time in the application for Board review see 12 NYCRR As substantial evidence supports the Board's finding that, prior to this venue change request, Rella had been advised in another matter involving " virtually identical circumstances " regarding the rules governing venue and that Rella had no reasonable basis for either the motion to change venue or the appeal to the Board, we decline to disturb the Board's assessment of separate penalties for the venue request and the appeal to the Board.
It would have been interesting to see what would have happened had this venue request been made by an attorney other than Rella, as some of the points Rella raised were not in his prior requests. Claimant, whose duties at Bimbo Bakeries included, among other things, loading a flour sifter machine, submitted a claim in November after experiencing pain in his right wrist and being diagnosed with carpal tunnel syndrome, flexor tendonitis, and ulnar impaction syndrome.
A Law Judge 1 credited the testimony of claimant's supervisor in determining that claimant's job duties did not entail sufficient repetitive action for an occupational disease and 2 did not credit the opinions of claimant's physicians regarding causation, since both physicians failed to establish an adequate understanding of claimant's work activities or obtain a complete medical history.
Here, the Court wrote: The Board's decision regarding the presence and classification of a medical condition — i. Here, the Board credited the testimony of claimant's supervisor regarding claimant's job duties in determining that claimant failed to sufficiently prove "a specific repetitive movement suggesting a link between a distinctive feature of [his] job and [his] injuries ".
Further, since claimant's physicians failed to show adequate knowledge of his work activities or medical history, " '[t]he Board was free to reject this less-than-compelling medical evidence, ' and its finding that claimant did not submit credible medical evidence of a causally related occupational disease is supported by substantial evidence".
The Following nine cases await the Court's ruling. In February , claimant successfully filed a request for further action seeking authorization for right knee replacement surgery. Liability for a claim shifts to the Special Fund " when an application for compensation is made by an employee. The Special Fund's "liability [was] triggered, as a matter of law, upon the passage of time as provided by the statute. To hold otherwise would be contrary to the purpose of the statute, which "i s to shift the liability for paying stale claims to the [Special] Fund.
As the result of a July 30, work-related auto accident, workers comp benefits were paid to the claimant by the carrier New Hampshire Insurance Co. In June , the petitioner successfully sought judicial approval of the settlement nunc pro tunc. Accordingly, the Supreme Court should have denied the petition and dismissed the proceeding. When the plaintiff sought damages for injuries allegedly sustained while participating in the "Enrollment in Work Experience" program, Erie County unsuccessfully sought to have the complaint dismissed on the ground that workers' compensation benefits are plaintiff's exclusive remedy.
The Appellate Court found: Thus, the Court "should not have entertained [defendant's] motion at this juncture, and the case should have been referred to the Board for a determination" whether plaintiff has a valid cause of action for damages or whether he is limited to benefits under the Workers' Compensation Law.
When the petitioner failed to demonstrate that she was medically fit to return to work, with or without accommodation, the City served the petitioner with a notice of termination dated July 15, As the result of a cervical injury, the claimant, a certified nurse's assistant, was awarded workers' compensation benefits for a specified period of time.
When she subsequently sought additional causally-related lost earnings, the Board found that claimant sustained a temporary total disability from October onward. But it rejected her claim for further benefits, finding that she was not attached to the labor market from May to October , and that she would accordingly need to establish her reattachment to the labor market in order to be entitled to further awards.
At a March , the Board found that she had reattached to the labor market as of January Claimant testified that, when she sought employment within her medical restrictions, she was told that no positions were available to accommodate her disability. Also, the Office of Vocational and Educational Services for Individuals with Disabilities informed claimant that she would not benefit from its services given her medical limitations.
Under these circumstances, the Court agreed that substantial evidence supported the finding that claimant's efforts of actively searching for employment and her goal of remaining attached to the labor market were sufficient to demonstrate her reattachment to the labor market. The Court reviewed the employer's contention that the Board erred in denying its requests for full Board review and found them to be unpersuasive.
Prevailing Party represented by: As the result of several allergic reactions to the hand sanitizer used at the hospital, in she suffered from respiratory distress, resulting in her hospitalization. After claimant stopped working and applied for workers comp, her case was established for a work-related injury of reactive airway dysfunction syndrome and an allergy to the hand sanitizer.
Notably, the Court of Appeals has recognized that "where actual earnings during the period of the disability are established, wage-earning capacity must be determined exclusively by the actual earnings of the injured employee without evidence of capacity to earn more or less during such disability period. SIF, the employer's carrier, made the last payment of compensation in for a work-related injury and the case was closed.
Jill Singer of counsel to the Special Funds respondent. Although claimant suffered an injury in July , her lost work time did not exceed the waiting period, hence no application for lost wages was submitted and no finding was made as to permanency or any degree thereof. On June 12, , the employer was directed to produce payroll records and a C statement of wage earnings for purposes of calculating average weekly wages, and the issue of permanency was left unresolved. But because the employer did not provide the C until May 17, , after claimant applied for further medical treatment, the Law Judge denied the employer's request to transfer liability, finding that the case was never truly closed, as there were directives for the carrier to produce payroll records and for both sides to submit permanency medical reports, and there was an outstanding issue of average weekly wages.
Upon review, the Board affirmed. Accordingly, the Court agreed that the Board's decision that the case was not truly closed was supported by substantial evidence. Alliance National Insurance and Travelers Indemnity. Claimant suffered two injuries to his left knee while employed as a lineman for a utility company filing claims for workers' comp for each. The injury Travelers was established for injuries to both of knees, including a total bilateral knee replacement.
In February , a Law Judge ruled that apportionment was applicable only to the increase in the SLU for claimant's left leg. Contrary to Alliance's claim, the Court found that the Board did not abuse its discretion when it fully considered Alliance's argument with respect to the manner in which the apportionment percentages should have been applied, but chose not to revisit this issue in light of the February decision.
No opinions were issued these weeks. Claimant, a major league baseball umpire, was awarded workers' comp due to a hip injury. Following complications and several surgeries for hip replacement, he was deemed permanently partially disabled.
Claimant commenced a third-party action alleging medical malpractice and products liability claims related to his initial hip replacement device. The Court agreed, finding found that a agreement was entered into with the claimant in connection with the carrier intervening in the third-party action seeking reimbursement of costs and a workers' comp lien.
Email the Insider with your comments and questions. Claimant sustained work related injuries in and a consequential injury in In , the carrier raised the issue of a possible non-work-related accident and injury.
Claimant testified at the initial hearing that she was enrolled in a part-time training position for only a month in and she was not certain whether she had informed the carrier of the position.
She also testified that, although it was supposed to be a paid position, she was not paid due to her refusal to participate in the training program. In July , claimant, found to have hypersensitivity reaction to the presence of fungi, had her claim established with a finding of temporary total disability. In , the claim was amended to include multiple chemical sensitivity and awards were continued. After a Law Judge classified claimant with a permanent total disability, the Board rescinded that finding, referring the matter to an impartial specialist to report on the claimant's disability classification rate.
The impartial specialist testified that multiple chemical sensitivity is not a medically-recognized condition and, in any event, it was his opinion that claimant was not suffering from any causally-related disability. Her January 11, letter seeking a hearing to determine degree of disability resulted in a hearing at which the Law Judge construed the Board's December 19, decision as rejecting his prior decision that claimant suffered a causally-related total disability but continued the case for further development of the record to determine clamant's appropriate, lesser degree of disability.
The employer appealed on the grounds that the Board, on December 12, , had precluded further development of the record as there was no causally-related disability. This appeal was accepted by the Board in a January decision. The Court noted that on January 11, , claimant did file a notice of appeal with the Court as to the December 19, Board decision, but failed to timely perfect that appeal.
Claimant received workers comp benefits for work-related injuries until when she returned to work. After her employment ended in April , she raised the issues of permanency and reduced wages. A Law Judge awarded additional benefits from April 11, to October 29, , but found no further compensable lost time.
Under these circumstances, we cannot say that the Board's denial of claimant's application was arbitrary or capricious or an abuse of its discretion. After claimant filed a claim for benefits stating that he had suffered a stroke while working, a Law Judge determined that there was a causal relationship between claimant's stroke and his employment and established the claim. Prevailing Part y represented by: Claimant opposed, claiming that the appeal was untimely given that the November decision — not the January decision — was final with regard to the SLU.
The Court agreed with the Board that, because the Law Judge made the November decision without any explanation of how the As noted by the Board, a schedule award is not given for an injury, but for the residual physical and functional impairments. Although since claimant has had a neck condition requiring surgeries and intermittent treatment, he worked full time with restrictions until October , when he fell at work sustaining injuries to his back.
Thus, we agree with the Board that apportionment is not applicable here. In June , claimant suffered a work-related injury with benefits paid up to June 20, , when plaintiff returned to work.
In April , claimant's physician requested authorization for an MRI which, on April 23, , showed a medial and lateral meniscal tear. On June 26, , the physician requested authorization to perform surgery, which was performed in late July The Court found that the Board incorrectly considered the case closed once the MRI application was approved in April and then was reopened June 26, when surgery was requested.
The Court wrote that in prior cases it recognized that " decision authorizing [an] MRI [does] not constitute a true closing of the case as [the] claimant's future treatment depended upon the results of the MRI and, thus, further action was contemplated although not planned at that time. Accordingly, and despite the fact that the hearing transcript was destroyed, the matter must be remitted for further development of the record as to whether claimant ever received or was even entitled to disability payments subsequent to April 21, and to address the absence of a reduced earnings award in the decision at issue herein.
Schottenstein alleges that Silverman exceeded the scope of his assigned task by reporting that the medical records he reviewed indicated possible fraudulent billing and unnecessary treatment rendered, and recommending that the matter be referred to the Office of Professional Misconduct and the Attorney General's Office.
The Appellate Court ruled that: The complaint fails to state a cause of action for intentional infliction of emotional distress, since defendant's report fails "to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized communit y.
On June 14, , the injured worker, a 56 year old male, was allegedly injured while in a tunnel 60 feet below ground, traveling in a type of train car when the train allegedly stopped violently and abruptly causing him to be thrown forward and backward. The injuries have resulted in pain, deformity, disability, stiffness, tenderness, tingling sensation, weakness and limitation and have further prevented the plaintiff from enjoying the normal fruits of his activities, including but not limited to social, economic, and educational.
The injured worker objected to some of these demands on the grounds that not all these providers treated him for any of the injuries that he sustained as a result of the accident, and that the demands were "irrelevant, and not reasonably calculated to lead to the discovery of relevant evidence.
However, it is equally well-settled that "[t]he waiver of the physician-patient privilege made by a party who affirmatively asserts a physical condition in its pleading does not permit discovery of information involving unrelated illnesses and treatments. The Court noted that when a plantiff asserts claims for loss of enjoyment of life or for lost future earnings due to a permanent disability, the physical or mental conditions that are affirmatively placed at issue are not readily apparent, which complicates the determination as to what would be " related " to the "condition at issue.
After citing different interpretations from the other Appellate Divisions regarding the scope of the waiver of physician-patient privilege when loss of enjoyment of life is claimed, the Court determined that, by pleading "total disability ", a plaintiff has waived the physician-patient privilege as to his entire medical history. However, a carrier can establish prima facie entitlement to summary judgment on this category without medical evidence by citing other evidence, such as the injured worker's own deposition testimony or records demonstrating that injured worker was not prevented from performing all of the substantial activities constituting customary daily activities for the prescribed period.
Once the carrier meets this initial burden, the injured worker must then demonstrate a triable issue of fact as to whether he or she sustained a serious injury The injured worker claims he sustained, inter alia, injuries to his right knee, left shoulder and lumbar spine, and an exacerbation of a preexisting left ankle injury as a result of the August 9, motor vehicle accident.
Thus, injured worker failed to submit any evidence that raises a triable issue of fact sufficient to defeat summary judgment. Petitioner Gonzalez is alleged to have sustained injury on August 14, in a fall while working at the MTA yard in the Bronx.
Time sheets reveal that Gonzalez had regularly attended work at the Bronx railway yard where his injury was sustained during the period beginning October 31 and extending through November 16, , and he does not dispute that he traveled by car. In addition, petitioners do not allege that they were prevented from using alternative methods of public transportation to reach their attorney's office.
Petitioners, in Gonzalez's sworn affidavit, have boldly misrepresented their ability to travel into the City to meet with counsel and omitted that Gonzalez actually did travel into the City on numerous occasions in the weeks immediately prior to expiration of the time period for serving a notice of claim.
While the absence of support for a proffered excuse may be outweighed by other considerations petitioners' attempt to deceive the court as to why they were unable to file a timely notice of claim should not be condoned and alone warrants dismissal of the application.
With claimant receiving benefits from a injury at the temporary total disability rate since , a Law Judge issued a decision in November that continued benefits at that rate. Then in May , the Judge issued a decision continuing those benefits but granted the carrier the right to suspend payments if claimant failed to produce current medical evidence. After the employer appealed both decisions, a Board panel affirmed the Judge. With regards to the decision, because the issues of medical evidence not warranting a finding of temporary total disability and voluntary withdrawal from the work force were not raised before the Judge, the Board did not abuse its discretion in refusing to consider them.
When the carrier raised these issues at the hearing and the Judge ruled against them, the Board found that the appeal from that decision was " moot " because the arguments were identical to the ones it refused to consider in the appeal from the November decision. Under these circumstances, the Court determined that, " the Board failed to engage in its fact-finding role, thereby depriving [the employer] of the opportunity to have the Board consider the merits of an issue that was properly preserved,' [and] its decision must be reversed to allow that review to occur.
After filing his claim in March , after a hearing in claimant and his treating physicians appeared and testified, a Law Judge found that the claimant had sustained a work-related injury.
A Board penal reversed, finding that the medical evidence did not support that finding. The claimant testified that he immediately sought medical treatment and the next day he advised the employer. Although the physician noted that claimant lifted heavy objects as part of his job, no mention was made of when or how claimant injured his back, and the physician acknowledged that claimant previously had been treated for back pain by another provider.
When claimant returned for a follow-up visit one week later, the physician noted that claimant's "back went out " the preceding Monday and that claimant reported "lift[ing] some furniture at home.
Claimant then was referred to an orthopedist, who evaluated him on October 15, According to the orthopedist's records, claimant's back pain began at home on October 10, , this "recurrent " pain came on "[g]radually" and claimant " denie[d] trauma. Claimant sustained several work-related injuries to his shoulders, causing him to miss time from work.
Although a Law Judge ruled a temporary total disability and awarded benefits for several of periods of time when he was not working, the employer did not file a request for reimbursement for two of those time periods until after the awards of compensation for those periods had been made.
When the Law Judge later awarded an SLU, he precluded the employer from seeking reimbursement for the two time periods for which it had not timely filed claims for reimbursement. That statute provides that "any salary or wages paid to. In rejecting the employers argument the Court wrote: To analyze these provisions, "the text of a statute is the best evidence of legislative intent and, where the statutory language is clear and unambiguous, the court should construe it so as to give effect to the plain meaning of the words used.
Because these two provisions are related statutes in the Workers' Compensation Law, they "must be construed together unless a contrary legislative intent is expressed, and courts must harmonize the related provisions in a way that renders them compatible. These cross appeals resulted when the Albany County Supreme Court, on September 4, , among other actions. After the employer, in , raised the issue of attachment to the labor market and sought the testimony of claimant and his medical providers on the issue, a Law Judge denied the employer's request for claimant's testimony, but continued the matter for cross-examination of two of claimant's medical providers.
In reversing, the Court noted that: After viewing the video surveillance, the physician concluded that "claimant clearly is capable of doing far more home-based activities than he admitted to during my independent examination. Under these circumstances, the Board's finding that "[t]he video surveillance does not show any images of the claimant engaging in physical activities inconsistent with any representation he had made to any of the parties' doctors" was determined not to be supported by substantial evidence in the record.
Similarly here, the physician who performed the independent medical examination stated that the surveillance revealed claimant to be "capable of doing far more home-based activities than he admitted to during [the] independent examination. The Court returned the case to the Board for a determination of whether claimant's failure to disclose the extent of his abilities was material, and done both knowingly and for the purpose of obtaining benefits. She had surgery in and, in , a nerve conduction study revealed possible mild left carpal tunnel syndrome as well.
Her doctor's progress report submitted to the Board diagnosed a continued carpal tunnel syndrome in both hands. But the Board found the progress report left issues regarding the left hand unresolved at the time that the employer sought transfer of liability.
Accordingly, the Board's determination that the case was never truly closed was supported by substantial evidence and the transfer of liability was properly denied. In March , claimant — now employed by the City of Geneva Police Department hereinafter GPD — was arrested and charged with driving while intoxicated. Shortly thereafter, he began receiving mental health treatment, resigned from his employment with GPD, filed a claim for workers' comp citing his time at the WTC as the cause of injury, naming HPD as his employer.
The carrier appealed to the Court on the basis that contended claimant's activity did not constitute participation in the rescue, recovery, or cleanup operations such that it would be covered by Article 8-A and the Board improperly denied their application for FBR.
After 15 years working as a school custodian, in , claimant sought medical treatment for problems, resulting in surgery on both elbows and knees. He filed a claim in September for workers comp based on injuries attributable to " repetitive use of physical labor going up and down the stairs, lifting heavy boxes, [and] shoveling snow. The law judge reestablished the claim, set the data disablement as January 19, , and included the left knee in the claim.
Given that the cited precedent is a prior decision in this case, the applicable doctrine is law of the case. In view of this, the Law Judge's September 10, reserved decision did not foreclose further consideration of this issue by the Board. Technically speaking, the doctrine of res judicata "precludes a party from litigating 'a claim where a judgment on the merits exists from a prior action [or proceeding] between the same parties involving the same subject matter'".
Inasmuch as a prior action or proceeding is not involved here, this doctrine is inapplicable. Although he knew his problems were related to his work as of March and had surgery and medical treatment for a year and a half before filing his claim, he left the employer with no knowledge that the injuries were work-related nor giving it an opportunity to investigate the claim. Here, claimant acknowledged that he spent most of his time at a membership cafe and occasionally, among other things, unlocked the cafe door in the morning and swept the premises in exchange for the owner, his cousin, allowing him to sleep in a room above the cafe following marital difficulties.
According to claimant, he received no compensation for any minimal activity that he performed at the cafe. The employer's surveillance videos and testimony of its private investigator did not contradict claimant's testimony, which primarily show claimant sitting or standing outside the cafe smoking, talking on a cell phone or drinking coffee.
To the extent that the employer challenges the denial of its application for full Board review on the ground that it was denied solely by the chair on behalf of the Board, we find that such challenge is moot given that a three-member panel subsequently considered and denied that application for full Board review as set forth in a decision filed June 23, Injured in , claimant first sought medical treatment in April and continued to work until March The filing of his claim [ Ed.
The Court noted that decisions on compensation claims issued by arbitrators pursuant to an authorized alternative dispute resolution program are not reviewed by the Workers Comp Board, but may be appealed directly to the Court.
Also, the substantial evidence standard does not apply to appeals of claims reaching the Court through the latter procedural route; rather, these cases are reviewed under the standard applicable to review of arbitration awards in general. Pursuant to that standard, courts have limited power to review an arbitrator's award and the Court cited a prior ruling: Claimant has not shown that the award was irrational, which would require a showing of an utter lack of any proof to justify the award.
Claimant presented proof that his first treatment occurred in April As claimant concedes that the date of disablement is a discretionary determination and the date of first medical treatment is a proper option, the arbitrator's selection of that date was not irrational. Singer of counsel to the Special Funds respondent. The carrier appealed, during which time the claimant died from causes unrelated to the underlying injury. The carrier then requested that the decisions directing it to make a lump-sum payment to the ATF be rescinded because of claimant's death.
The Board upheld the decision by a 2 to 1 vote. Because there was a dissent, the carrier was entitled to and sought full Board review. As noted in my e-mail BULLETIN issued this afternoon, just after the Court of Appeals issued this decision, it is my sense that the legislation was either purposely muddled or designed in the same way as the proverbial elephant: Langan, a former U.
Treasury official who wrote the following in an op-ed entitled " The Language of Diplomacy ": At one point in my federal government career, I wrote up an explanation of a complicated matter in which I considered to be an extremely clear, cogent manner.
The senior government official to whom I reported read it carefully, ruminating and adjusting his glasses as he read it. Then he looked up at me and said " This isn't any good. I understand it completely.
Take it back and muddy it up. I want the statement to be able to be interpreted two or three ways. After a claim was placed for a November work related injury, the carrier controverted the claim on the grounds that the employer's policy had been canceled in August due to failure of the employer to pay the premiums.
In affirming the Board, the Court noted that the record showed that the carrier had sent the cancellation notice, by certified mail, return receipt requested, to the employer's chief executive officer at her home address, on or about August 4, , with an effective date of cancellation of August 18, Claimant sustained non-work-related, serious injuries to his neck, back and left shoulder as the result of and automobile accidents.
He continued working as a car inspector for the self-insured employer until , when after developing incapacitating neck, back and leg pain, he applied for workers' comp, asserting that his physical problems and a consequential psychiatric injury were related to repetitive work-related tasks and constituted an occupational disease. Although the employer failed to timely file a notice of controversy and, as such, was precluded from submitting evidence on the issue of whether claimant's condition arose out of and in the course of his employment, the Judge, later affirmed by a Board panel, found the opinions of claimant's treating physicians regarding causation to be incredible and disallowed the claim.
The employer's failure to timely file a notice of controversy did not "relieve claimant from his burden to demonstrate a causal relationship" between his employment and medical condition.
The Court then noted that:. The record here reflects that claimant has been receiving related medical treatment from at least onward. Claimant sought more intensive treatment after his pain worsened in , but no physician drew a causal link between the condition and his employment until he raised the issue with his physicians at a friend's urging.
An orthopedic surgeon who treated claimant further testified that claimant gave conflicting accounts as to how he had aggravated the condition in and that claimant's spinal and shoulder problems could have resulted from degenerative changes. The Board was free to reject this less-than-compelling medical evidence as incredible and, as such, substantial evidence supports its finding that claimant did not show the existence of a causally related occupational disease.
After a work-elated back injury resulted in the claimant leaving the nursing profession because of her moderate, permanent partial disability and began working in a delicatessen, at a lower wage. Upon claimant's application for review, the Board increased claimant's degree of disability and concluded that her wage loss benefits should be based upon her actual reduced earnings from the delicatessen where she now works, as opposed to her degree of disability, and adjusted her weekly awards accordingly.
The Court of Appeals has repeatedly explained that, for claimants who have demonstrated that they remain attached to the labor market, "where actual earnings during the period of the disability are established, wage earning capacity must be determined exclusively by the actual earnings of the injured employee without evidence of capacity to earn more or less during such disability period.
As the result of a work-related automobile accident, claimant successfully filed a claim for injuries to his the neck and back later that year, with claimant directed " to submit medical evidence for all additional sites claimed.
Thanks for chiming in on such an old post though ;. I worked for AAA for several years, and had much interaction with execs from other clubs throughout the country, as well as the national office.
There are literally over a hundred clubs of different sizes, some as small as a single county or two, some as large as half-a-dozen states. Some lose money on the towing, and make it up in other areas.
Not in travel, as these packages are mostly arranged by AAA National or large independent vacation packagers, and there is not a lot of profit margin there. Some clubs sub-contract auto-repairs to independent garages, some own and operate a string of sophisticated auto-repair facilities.
Some are very heavy into insurance, not only auto, but life and home property, casualty as well. Some not at all. The amount of value you receive as a AAA member depends on your lifestyle and what type of consumer you are. You probably belong to airline and hotel affinity programs and are racking up miles and free nights. Towing — This you can get at comparable prices from other sources, as noted. Obviously, this only applies if you or your family members are driving a car out-of-warranty.
Keep in mind that cars manufactured in the last decade are much more reliable. If your club does not own and operate the towing operation, then know that you could have the same truck picking you up as an Allstate Motor Club member.
This is old-fashioned, but some people like to talk to a real person before plunking down a couple of thousand bucks. AAA has an exclusive discount with Disney that is hard to beat. The rest of the travel packages can be bested by just checking around on the internet.
The AAA rate in most cases is higher than what you would get from the airline or hotel chain directly. In some cases, the AAA travel agent might be pushing it. Keep in mind that AAA will never sell you a package involving a property that has not been rated by them. This is something the property has to pay for. Generally, this is good, because their rating system takes into account the things that are important.
In the vast majority of cases, AAA is an insurance broker. So they are a middleman. Again, you can get a better deal by negotiating and comparing, and getting dealers to compete with each other. My own personal experience with this service was unsatisfactory. The first time, no one ever got back to me after I sent a request for a quote via the AAA website.
The second time, I did get a call back, and spent 30 minutes describing the vehicle I wanted. I answered questions on color choices, etc. In general, AAA tries very hard to provide excellent service to their members. AAA has been around for more than years. They do good work on the national level campaigning for driving safety, better maintenance of roads and highways, reporting on gas prices and advocating for drivers on the local, regional and national levels.
But you get all that without being a member. In major cities, they are often siding against mass transit, usually because this means less funds for maintenance of highway, road, bridge and tunnel infrastructure. Whether or not you get the value out of your membership depends on what and how much you buy from them.
If you just renew your membership, and never call for towing service, you are a profitable member for them, and you get the peace of mind knowing a century-old service organization is behind you. Most AAA websites are behind the curve, content-wise. But some clubs have cutting edge tracking systems on their websites however, that monitor your visits and send you solicitations based on your browsing.
There is zero effort in that regard. There is no real active marketing to younger drivers, except through their parents. All of the above is based on my composite experience and dialog with the national office and execs at all the major clubs across the country. Two hours later, after calling several times, they then say he is 5 minutes away. Fifty minutes later, at 6: So, AAA lied to me about the tow. What is the Premier Membership worth?
Nothing, as far as I am concerned. They never called me to tell me updates on the time or give me any courtesy. Oh, and one more thing. Yesterday it was warm, clear, no bad weather. The price I pay for modifying my car, I guess. Not everyone has a super reliable car, or does routine maintenance. So maybe AAA is a nice thing to have for those people. They honored the membership. I also was told by the operator, to tell them that I am a nurse on the way to work if I should have a breakdown at home again…they come out faster, otherwise the call could take hours for anyone to show up.
I do love the peace of mind, but the newer memberships have lots of restrictions, that the older ones did not…so maybe it is time to re-eval…great article. Tow truck got to me in about 30 minutes and took my car to the dealership I requested. Second time she ran out of gasoline and AAA brought her some. Worth the price of membership? Discounts at hotels, restaurants, shopping, etc. For us, the two things that make it worth having membership are: Well I totally disagree with you, you can not find the same discounts online and when you do there is always a catch.
Also everything you book like hotels are AAA rated and backed. They also offer full service travel agents and offer the best Disney discouts around.
So I think what you are saying is total garbage and I hope not to many people listen. The membership is a small price to pay for piece of mind.
Luckily we walked to a ranger station that let us use the phone. The driver took us back to Fairbanks, so a approximate 10 hr trip for him, all covered by our AAA Plus. Plus, the new tires. We are a military family and travel all over the country. Plus my husband gets deployed or travels far away constantly.
AAA has come to my rescue many times, with tows, getting the dog unlocked from the car, and providing us with maps and travel books in the pre-smart phone and internet days. Even now we like the paper maps and books, because we have many unplanned trips and moves. And saving on other things is the icing on the cake for us. We used to have AAA and let it lapse. The one nice thing about AAA, or other road side service, is that you can pick up your cell phone and have a tow truck on the way.
What shit is that. I had them come and do a diagnostic on my vehicle when I was stranded and they gave me a ride home as well. There is a peace of mind that comes with the AAA membership and I would not want to live without that.
It can obviously be a nice service. However, it all boils down to one thing: We are not getting the bigger end of the stick in this service.
You may win sometimes. In fact, there is a chance that you could win big. In the end, though, most folks are leaving the casino with less money. There are times when it seems AAA is the better deal. And if peace of mind is what you want, then like any other insurance company, AAA will do the trick. But over a ten year period, while you may use their services several times, most of the time you are paying for a large number of employees to perform services you will never use.
Again, over time, a AAA member will pay for two dispatchers whereas a non-member will pay for just one. AAA may have been the best for discounts before the rise of the internet.
Not always, but most of the time. They get the bigger end of the financial stick, otherwise, they would cease to exist. I just let mine lapse because it felt like a luxury I could no longer afford. I found out today that I am no longer eligible for my homeowners insurance!
AAA does have some nice services that can be used by having a regular membership. No thanks, too expensive. Loyalty and clean records dont count much with these folks. I worked there for over 11 years and they say they get service to u in 30 min usually. It takes 10 min to even get thru there phone prompts. The company is the worst to work for too. Employees have to abuse fmla just so they dont loose their job. They offer you incentive to have a friend work there, yeah it will end up you loose that friend cause of the abuse you get working there.
You never know one day to the next if you have a job or not. If you try to help a member,you will get in trouble for saying something. You know of a promotion to save them money,,,ha ha, if they dont know the code, you cant tell them, now how is that helping. AAA you suck , insurance is way over priced.
I too had had AAA for 20 years as my very first part time job was as a courier for a bank, and I had to drive on the highway quite a bit. After having this for 15 years or more I finally had to use it. I had a flat tire while on a trip with my family. I waited 2 hours for someone to get there to fix my tire. I finally called back and was told that they had no record of my call. Finally after another hour someone finally got there, but they were unalbe to get the tire off!
They pumped it up enough for me to drive it to a mechanic—which was hard since it was on a Saturday in Pigeon Forge TN and after the 3 hours of wiaiting most all true service stations were closed—who got the tire off easily and repaired it.
That was the first and only experience with AAA and it was not very good. I let my service expire this year and added towing to my insurance policy. My daughter locked BOTH sets of her keys in her trunk on the upper east side of manhattan minutes before embarking on a trip to a wedding in Vermont that she was driving three guests to.
AAA sent me a formal, notary sealed letter for me to send to the NYC parking authority for dismissal of the ticket. I would never give them another penny! Run from them, auto drivers and homeowners! This is a terrible article. I use all of the discount sites offered, but you can still typically do better with AAA. And the Disney tickets are much less expensive. And I use roadside assistance ALL the time.
At least twice a year, if not, much more. Their trip-tik concept is outdated with the advent of Google maps and GPS devices. The hotel discounts mean nothing, as I can find rooms cheaper via booking websites. So, nope, AAA is not worth it. If you live in So Cal. I went to AAA last week and it took less than 10 mins to renew my registration vs going to the DMV waiting 45 mins to an hour.
I made several calls to AAA today to try to find out why I should have had to pay this additional charge and was shuffled back and forth and became quite frustrated.
In the end my home office mid-atlantic spoke to the Tidewater office and said Tidewater customer relations did agree finally to refund my money. AAA now has a same day service policy which requires that those who renew just to receive service will be required to pay a same day service fee along with the membership dues.
Primarily now, I get AAA discounts on hotels. Even if you use AAA just for one towing you get your money back, not mentioning th ehotel discounts. I did not renew my membership. I received a call from an AAA rep. She ask to me I told her. She go really nasty on the phone and I hung up on her. I see people are still commenting on your post. The value of these points and promotions generally runs from 12 to 25 percent of the hotel cost, so missing out on them really hurts.
Plus, not getting status and thus losing out on free upgrades to suites and not getting access to free breakfasts and to the executive lounges would be a bummer. If you book directly with the hotel and take the AAA discount, you get the points and status. You also get crazy discounts just about anywhere. And if that is your mindset, and you bag on AAA, you are flat out retarded…period.
Also forgot to mention, unless you are a senior citizen AARP , where else are you going to get the combined buying power of 45 million members?
AAA is the white stag for every retailer and manufacturer in this country. Be a member and profit. Be a doubter and pay more. AAA basic covers 3 mile towing — pretty useless. So I bought the basic membership. Just made two Great decisions today! It to but AARP, because of a great website that told all the reasons not to!
Well good for you that you have a super nice car that never breaks down. When it broke down last week, I paid nothing, other than my 60 dollar per year membership fee. I now have the roadside assistance package from Geico, which is limitless and fast and easy and cost only a few extra dollars a year. AAA was a nightmare. First of all, AAA is divided into national sections; each area of the country operates under different rules.
The differences may be found in their details, but they are often details defining the parameter of the roadside service. I learned the hard way that this is why it may often take AAA forever to arrive at a scene for service. On top of that, there are limitation for how many tows per year your membership provides, how far you may be towed after which you pay — a lot. This also affects how many of the other roadside assistance options your membership entitles you to. The operators you call when in trouble have been, for me, not very nice.
Seems to me that AAA must have been a good deal at one time. Today it appears to be a gimmick designed to exact extra charges whenever possible. People working for AAA are never very friendly over the phone, which leads me to believe they are constantly responding to angry member and, as employees, are treated by the company with the same contempt they treat members over the phone.
As far as travel service is concerned, AAA travel agents want to book you with companies that they have agreements with, which are not always the most economic choices.
Usually, with a little effort, one may find better deals on the internet or with travel agencies that have nothing to do with AAA. Why deal with AAA when there are better deals for everyone of their supposed services out there? One time I was stuck in Nevada on the way to Reno in the middle of nowhere and late at night.
The tow truck companies have contracts and they have to abide by them. I have my membership since 3yrs ago,did not use much of their service though.
Recently got disappointed with the battery service. Had a bad battery so I bought my battery from the towing service ,Hollywood Towing. After less than a month, the battery dont charge, I keep on complaing and they came to service many times.
When I get the paper frm Autozone, it says good but Autozone explained that its really a BAD battery,the paper says good coz it charge but after taking it off,it discharges. They dont accept the reasoning. NEVER buy battery from them, this is the advice i got from, friends,mechanic,relatives.. They also experienced the same thing with them. I got AAA for my son several years ago when het went to college…about 60 miles from home. He only used it a few times.
I then got it for my daughter when she went to college. I got the plus because she had to get a tow as well, and she was slightly more than 60 miles. Unfortunately, this year they both used it at least 4 times each. I, in fact, just joined under the same plan because I needed a tow as well…only 8 miles. I thought we got miles free towing per year!!! I will now have to find something else. This is so annoying. This is so ridiculous.
They tow members cars up to miles and the BEST part is.. I researched and called them and liked what I found. I have since used them for a battery jump TWICE and they were spectacular, so I recommended them to a few friends and just like they promised, the money was immediately sent to me that following Friday!
The basic plan which to my knowledge is where everyone new starts, you cannot just sign up for Premier……or maybe you can now but not back then. When I left Seattle for back east AAA told me everything would be fine, just call the local office back east and change over the membership.
Now back east, they wanted me to start from scratch again to which their corporate in Florida gave no help what-so-ever toward maintaining my premier status I had earned. Towing was 3 miles or the nearest service station while premier at that time was miles……now miles!
It is getting batter by leaps and bounds! In all the years I have had AAA, other than the moving incident, they have been top shelf! I have had my vehicles towed at least a half dozen times throughout the year and a couple battery jumps with total reliability! They only give a discount to the second member on the plan. Plus without the premium plan, I believe you have to pay for towing after five miles. I have gotten a rental the past two just for someone slicing my tires because it had to be towed and I needed a car.
For the any Wal-mart customer there are two simple ways to get help, one is contact to officials by customer support phone number, or visit online services help using how to walmart.
Here all the articles are best written by experts. Ridiculous article…AAA is totally worth it. If you lock your keys in your car once every two years, it pays itself off.
Y not have two different membership cards. I hope my point of view helps many of you. In the past, no problems if our car broke down on the road, got stuck in the mud in North Carolina or stuck in the snow in our driveway. A rechnician came within an hour and would resolve the issue. Today our car was stuck in our driveway, unable to move due to the foot of snow and ice recently fallen in our are…not a problem in the past as a tow truck driver would extricate you from the snow.
Meet the new loophole the roadside emergency companies use NOT to perform the services you thought you paid. When I mentioned to the agent, this was permitted in. I reminded the agent that I could have reported the car was non -functioning, gotten a free tow to a neatby repair shop and, aftet the tow driver had left, driven the car back to the end of the driveway where I wanted it towed in the first place!
How many tow trucks even bother to attempt to start the car anyway? What am I getting for my money? Most new vehicles today come with a Roadside Assistance plan. Another thing to consider, if you are planning to purchase a AAA membership: The temp card indicates Southern New England.
If you use Verizon, you owe it to yourself to look into a AAA membership. Motor club of America is better than AAA. You get unlimited roadside assistance plus discounts and hospital benefits.. Oh yeah and theres more… LOTS more. It is a shame — shame on you, AAA.
I have AAA membership. I had a car that was literally undrivable the tires were ready to fall off because of the rust.
I had a tow to pick up the car from the repair shop to get it back to my home. First they wanted the licenses on the car but I told them it was going to be transferred to the new car the next day. I had an emergency my car needed to be told 22 miles not 3 miles. AAA told me that I have to wait for seven days in order to get that service. AAA policy; Fifty year members,Free membership. If you can provide further information a lot of us would be interested.
Just tried to have AAA stop mailing my mother renewal notices. She died 8 months ago and her credit cards were closed shortly thereafter. I was told on the phone that just to remove her name from the mailing list and have them stop trying to bill her card, I had to provide a Power of Attorney.
Stupidest thing I ever heard. First off, POAs expire at the death of the person so it would be invalid. For me it would probably be good for my situation. I work 30 miles from home and drive an older car. I get the feeling the writer of the article is financially better off than me.
There is a 30 day waiting period for an elapsed renewal. On the other hand this may be fraud if you are only actually getting 11 months of real service!
Not sure if they push the renewal date a month forward the next time but it is someting to watch. I find better rates for Insurance outside of AAA. They lured me in with a teaser rate then proceeded to jack it up every 6 months through Travellers. I have a perfect driving record and great credit. One thing to remember with AAA- it covers the person and any vehicle he is travelling at the time. It does not have to be yours. My wife was stranded in a rural Tennessee town when our pickup would not start.
Their tow truck was available. AAA reimbursed me for it. To say the least, we were not happy with them. But we are still members. That should tell you the level of competence of their drivers. Waited for over 2. Never received a call from the driver.
When I called to cancel the assistance, they said it was already cancelled.