Matthew Derrick will be released from jail today, likely to receive credit for time served, and not have to return if he can stay out of trouble.
At a lengthy hearing today, Derrick, whose case was delayed Dec. 7 so he could be evaluated for the mental competency to understand court proceedings, entered a guilty plea to attempted criminal possession of a weapon, 3rd.
As part of the plea deal, Derrick is eligible for what's called a shock probation sentence, which means no more than six months in jail and five years probation, instead of the 1-4 year prison term Derrick would face if he took the case to trial.
The charge stems from an incident in October when Derrick threatened people with a corkscrew, and made statements about cutting them open and killing them.
One witness, according to District Attorney Lawrence Friedman, said Derrick had a knife, and while a corkscrew was recovered from the scene, no knife was found at the time of Derrick's arrest.
Derrick entered his plea under terms known as an Alford plea. In other words, Derrick did not admit to the facts of the case, just that the evidence was sufficient that he faced a high probability of being found guilty by a jury.
The likely sentence for Derrick, Judge Charles Zambito indicated, is four months, if Derrick stays out of trouble while under supervision of Genesee Justice; however, since Derrick has already been in jail for just two days shy of four months, Friedman agreed to modify to plea deal to subtract those two days from the sentence.
When Derrick last appeared in court, he seemed not to understand the court proceedings and Lisa Kroemer, with the public defender's office, explained the proceedings to him. Then interim Judge Micheal Pietruszka expressed concern about Derrick's ability to understand his instructions. He ordered Derrick to undergo a mental competency evaluation.
Two doctors examined Derrick and both found him mentally competent enough to understand the proceedings. Zambito accepted the report after both Friedman and Kroemer waived a hearing on the topic.
In court today, Derrick answered most of Zambito's questions promptly, with a clear, "Yes, your honor." He expressed confusion about a couple of points but quickly said he understood once the issues were rephrased. Zambito was very careful throughout the proceeding to ensure Derrick understood exactly what he was agreeing to and what rights, such as the right to appeal, he was waiving.
There was discussion about how to handle three orders of protection. One or more of the people covered by the orders live in the same apartment building as Derrick and his wife. Derrick will live with his grandmother in Le Roy until suitable language for the orders is worked out.
A lawsuit over the state of the dilapidated City Centre mall that began in 2008 may be nearing a settlement according to a source who provided information to WBTA.
The document is a notice for members of the City Centre Merchants Association to hold a special meeting tomorrow to discuss a possible settlement with the City of Batavia.
A vote on the possible settlement would reportedly come at a meeting on another date.
City Councilmembers have told reporters that there has been discussion behind closed doors about a possible resolution.
Via our news partner, WBTA.
Nicholas Sylvester Dinitto, 27, of Oak Orchard Street, Albion, is charged with petit larceny and possession of a hypodermic instrument. Dinitto is accused of shoplifting at Target. During the investigation by Deputy Andrew Hale, he was allegedly found in possession of a needle.
Jennifer Lyn Stack, 30, of South Main Street, Batavia, is charged with attempted criminal contempt, 2nd. Stack was arrested on a warrant out of Town of Batavia Court and jailed on $1,000 bail.
Jadon Lee Peoples, 20, of Main Street, Oakfield, is charged with unlawful possession of marijuana. Peoples was charged following a traffic stop for allegedly speeding at 8:06 p.m. Sunday on North Main Street, Oakfield, by Deputy Jeremy McClellan.
Felicia Renee Sherrell, 36, of Bloomingdale Road, Akron, is charged with DWI and driving with a BAC of .08 or greater. Sherrell was charged following a call to check on the welfare of a motorist stopped at the side of the road at 8:40 p.m. Saturday on Route 77, Alabama, by Deputy Richard Schildwaster.
Nicole Marie Capretto, 33, of Lewiston Road, Batavia, is charged with petit larceny. Capretto was arrested on a warrant out of City Court.
A 16-year-old of Lewiston Road, Batavia, is charged with criminal contempt, 2nd. The youth allegedly violated an order of protection.
Ralph Guy Chase Jr., 73, of Highland Drive, Dundee, is charged with possession of untaxed cigarettes. Chase was stopped for an alleged traffic violation at 8:59 p.m. Friday on Route 77, Alabama, by Deputy Richard Schildwaster and allegedly found in possession of 8,800 untaxed cigarettes.
A three-car accident with no injuries is reported in the area of 45 Ellicott St., Batavia.
Fluids are leaking.
City fire responding.
Press release:
The students at St. Joseph School look forward to Catholic Schools Week every year. This year the theme is “Catholic Schools: Communities of Faith, Knowledge and Service.
To kick off their fun filled week, Detective Schauf and Officer DeFreeze, from the Batavia Police Department, joined them for a Kindness Challenge. The students were reminded that acts of kindness can be big or small and are something that anyone can do at any time.
Throughout the week the students partake in many different fun activities not only at school but around their community. They visited Batavia Showtime for a movie, went bowling at Mancuso Bowling Center, ice skating at Falleti Ice Rink and visited the YMCA for a variety of fun activities. Their week concluded with a school-wide talent show.
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Thomas A. Carson, 40, of Wood Street, Batavia, is charged with first-degree coercion, fourth-degree criminal mischief, and criminal obstruction of breathing. Carson was arrested on Feb. 2 following a domestic incident at 4:59 a.m. on Wood Street. He was put in jail on $10,000 bail and is due in City Court on Feb. 6. The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Eric Bolles.
Morgan L. Cox Sr., 48, of Dellinger Avenue, Batavia, is charged with third-degree menacing and criminal obstruction of breathing or blood circulation. Cox was arrested on Feb. 1 following an investigation into a domestic incident which occurred at 9:20 p.m. on Jan. 30 on Dellinger Avenue. Cox was put in jail in lieu of bail and was due in City Court on Feb. 2. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole Salamone.
Shuvon J. Williams, 41, and Daniel M. Carter (no age provided), both of Hutchins Street, Batavia, are charged with second-degree harassment. They were arrested on Batavia City Court warrants issued on Dec. 30 in regard to an unspecified incident at 4 p.m. on Dec. 2 on Hutchins Street. They were both issued appearance tickets for Feb. 7 in Batavia City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.
Melissa M. LeSage, 37, of 31 Gilbert St. in Le Roy, was charged with DWI in the early morning hours of Sunday, Jan. 29, by the Le Roy Police Department. She was stopped at about 11:42 p.m. for allegedly speeding on East Main Street in the village. LeSage was found to be allegedly intoxicated. LeSage was also charged with DWI-BAC .08 percent or more, speed in zone, unlicensed operation, and aggravated unlicensed operation in the second degree. LeSage was issued appearance tickets and is to appear in the Town of Le Roy Court on Feb. 27.
Robin Dart, 44, of Carroll Lane, Commerce, Mich., is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, and driving without headlights. At 1:27 a.m. on Feb. 2, on Park Road in Batavia, Dart was arrested for DWI following a traffic stop for vehicle and traffic law violation. Dart was issued an appearance ticket for March 6 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Howard Carlson.
Nikayla Cheyenne Jackson, 19, of Slusser Road, Batavia, is charged with criminal possession of stolen property in the fourth degree. The defendant was arrested for allegedly taking and subsequently using her mother's credit card information to make unauthorized purchases at 9:40 p.m. on Jan. 15 on East Main Street in Batavia. Jackson is due in City Court on Feb. 21. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Deputy Ryan DeLong.
Brian J. Hawkins, 37, of Pries Avenue, Buffalo, is charged with prohibited sale of alcoholic beverage. Hawkins was arrested for allegedly serving alcohol to a person under 21 at midnight on Jan. 31 on Oak Street in Batavia. He was issued an appearance ticket for Feb. 7 in City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Darryle Streeter.
Jaylyn S. Strong, 21, of Holland Avenue, Batavia, is charged with failure to appear after an appearance ticket was issued. Strong turned himself in on an outstanding City Court warrant after initially failing to appear for a scheduled court date. Strong posted bail and was released on an appearance ticket for Jan. 31 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice.
Ian C. Lawlis, 36, of Central Avenue, Batavia, was arrested on Feb. 2 on an outstanding Batavia City Court bench warrant. It was for an unspecified incident which occurred at 12:52 p.m. on Sept. 24 on West Main Street, Batavia. He was processed at BPD headquarters and released on an appearance ticket for Feb. 7 in City Court. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Jason Ivison.
Join the Genesee County Master Gardeners for our first Garden Talk of the year, “A Photo Garden Tour of Hillwood Estates,” from 12:15 to 12:45 p.m. on Tuesday, Feb. 7.
Get rid of the winter blues with a look at Hillwood’s spectacular gardens which contain a diverse and fascinating array of plants. Nestled in the hills of northwest Washington, D.C., we will explore the beauty and tranquility of the formal gardens that were the vision Marjorie Post.
Bring your lunch to the CCE office (420 E. Main St., Batavia) and join us during the “lunch hour.” This series is free and open to the public. Registration is not required.
Other topics planned for the year include “Night Blooming Plants” on March 7, “Dahlias 101” on April 4, learn how to make a copper wire hummingbird feeder on May 2 and scouting for pests in the garden on June 6.
Future topics and other Master Gardener events will be posted on the Cornell Cooperative Extension of Genesee County website at http://genesee.cce.cornell.edu/ and also on our Facebook page at https://www.facebook.com/CCEofGenesee.
Press release:
Each new year brings with it the opportunity to recognize more outstanding community members for YWCA’s Women of Distinction Awards. Worthy candidates not only exemplify YWCA’s mission and vision but also represent a wide cross section of people working toward the good of others.
These awards are about honoring women while also serving to acknowledge all of those deserving people, organizations and businesses that help to eliminate racism, empower women and/or encourage economic independence, healthy relationships and a community free from violence.
Your nominations are wanted. Nominations are due March 1 and may be emailed to: jwalton@ywcagenesee.org or sent to YWCA of Genesee County, 301 North St., Batavia, NY, 14020. Please include your name and contact information, the award category, name of nominee, some background and reasons for your nomination.
“It’s hard to believe that we are here again seeking nominations for our six awards, but we are confident that this community is ripe with commendable candidates,” Executive Director Jeanne Walton said. “Please take a few moments of your time to think about those people, agencies and companies that cross your path. Have they made a difference? Is the community better for their good deeds? Then let us know!”
Traditionally a weekend event, this year’s Gala has been changed to 5:30 p.m. Thursday, June 15 at Genesee Community College, 1 College Road. The Women of Distinction Committee hopes that a weeknight will better suit people’s busy lives while still serving as a great time to showcase our local talent, dedication and philanthropic efforts, Walton said.
The selection committee is looking for nominations of men, women, companies and organizations that have gone above and beyond in the following categories:
Racial Justice: Supporting diversity through one's initiatives, philosophies and/or programs. This may include service in a leadership role, with commitment to racial justice and a high standard of courage, integrity and commitment to YWCA's mission to empower women and eliminate racism.
Economic Empowerment: Helping women to face the challenge of economic inequality or hardship. This is done with programs or initiatives that create opportunities for women to lift themselves from their current circumstances and gain more options to improve their lives.
Corporate Social Responsibility: Making a continuous effort to recruit, develop and promote a diverse work force and foster an inclusive environment where women leaders thrive.
Military/Veteran: A veteran or related agency that has worked on behalf of veterans and continues to serve through civic, personal and/or professional improvements.
Advocacy/Civic Engagement: Working to make a difference in the civic life of our communities and developing the combination of knowledge, skills, values and motivation to make that difference. Promoting the quality of life in a community, through both political and non-political processes.
Peace: Striving to make the world a better place by emphasizing the importance of kindness, compassion and peace.
For more information, go to ywcagenesee.org or call (585) 343-5808.
Maggie Cecere, who set a school record in her senior year in soccer, made it official yesterday by signing her letter of intent to attend Kutztown University in Pennsylvania.
Kutztown is coming off a season where the soccer team was ranked #4 among Division II schools.
Photo: Zach, Kathy, Maggie and Peter Cecere; back row, Victor VanVliet and Roger Hume.
Kyle R. Shea is indicted for the crime of criminal sexual act in the first degree, a Class B violent felony. It is alleged that in June or July of 2015, at a residence on South Main Street in the City of Batavia, that Shea engaged in "anal sexual conduct with another person by forcible compulsion."
In count two, Shea is indicted for the crime of criminal sexual act in the third degree, a Class E felony. It is alleged in count two that, in the same time frame and place, Shea engaged in anal sexual conduct with another person without the person's consent, where such lack of consent was by reason of some factor other than incapacity to consent.
In count three, the defendant is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three, in the same time frame and place, that Shea subjected another person to sexual contact by forcible compulsion.
Press release:
The Batavia Police Department has installed two drop boxes, one for pharmaceuticals and one for sharps, in the rear vestibule at police headquarters for the public’s use.
Citizens may deposit unwanted pharmaceuticals, and sharps, 24 hours a day, seven days a week (24/7) in the drop boxes located at 10 W. Main St.
The drop boxes allow for the public to dispose of the following items in a safe, secure, anonymous way.
Acceptable items: Sharps, in a sharps container no larger than 2 liters, prescriptions, prescription patches, ointments, medications, over-the-counter medications, vitamins, samples, and medication for pets.
Non-acceptable items: Thermometers, aerosol sprays, inhalers, illicit drugs, hydrogen peroxide, perfume, cooking oil, soaps, shampoos, conditioners, detergents, and beauty supplies.
Small sharps containers will be available for free on top of the sharps drop box.
Shawn M. Twardowski, 34, of Bank Street, Batavia, is charged with: animal cruelty; second-degree harassment; third-degree robbery; fourth-degree criminal mischief; obstruction of governmental administration; and resisting arrest. Twardowski was reportedly involved in an incident at his residence on Bank Street at 12:15 a.m., Thursday. He allegedly strangled and punched a beagle, subjected a female at the location to physical contact, stealing and attempting to disable her mobile phone and then, upon police arrival, barricaded himself in a bedroom. When police gained access, he allegedly struggled with officers. He was jailed on $50,000 bail.
Salvatore M. Schwable, 19, of Webber Avenue, Oakfield, was arrested on a warrant. Schwable allegedly violated the terms of his release-under-supervision contract. He was jailed on $2,500 bail.
Ronald J. Murray Jr., 22, of Wood Street, Batavia, is charged with harassment, 2nd. Murray allegedly pushed another person during an argument, reported at 8:30 p.m., Thursday.
Alan P. Ellis, 36, of Lewis Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, endangering the welfare of a child and cruelty to animals. During an argument reported at 5:15 a.m., Sunday, Ellis grabbed victims by their throats, with one being under age 17, and he allegedly threw and kicked a dog, causing it to limp.
Charles J. Rodriguez Sr., 40, of North Spruce Street, Batavia, is charged with petit larceny. Rodriguez was arrested on a warrant out of Batavia City Court at Buffalo City Court when he appeared there on an unrelated matter. He was jailed on $1,000 bail or $2,000 bond.
Michael J. Antonucci, 34, of Alexander Road, Attica, is charged criminal contempt, 2nd. Antonucci was arrested on a warrant for allegedly violating an order of protection.
Jeanna M. Hattaway, 29, of West Main Street Road, Batavia, is charged with petit larceny. Hattaway allegedly stole two pairs of sunglasses from the 7-Eleven at 505 E. Main St., Batavia.
Diane M. Fiorentino, 67, of Grandview Terrace, Batavia, is charged with harassment, 2nd. Fiorentino was arrested Nov. 13 following the report of an incident at 5:30 p.m. that day at her residence. No further details released.
Nikayla C. Jackson, 19, no permanent address, Batavia, was arrested on a warrant for alleged failure to appear on a disorderly conduct charge.
Willie A. Saab, 42, of West Main Street, Batavia, is charged with two counts of first-degree criminal contempt and two counts of aggravated family offense. Saab allegedly violated a pair of stay-away orders. He was jailed without bail.
Grayson Jordan Albert Finnin, 20, of Seven Springs Road, Batavia, is charged with harassment, 2nd, obstructing emergency medical services, and unlawful possession of alcohol by a person under age 21. Finnin was allegedly involved at a disturbance at a local hotel at 12:12 a.m., Tuesday. He was transported to UMMC and allegedly became combative with medical staff and police officers.
Gerardo Carrera-Sanchez, 31, Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle, unlicensed operator and moving from lane unsafely. Carrera-Sanchez was arrested by Deputy Howard Wilson following the investigation into a motor-vehicle accident reported at 7:30 a.m. Jan. 22 on Shelt Road, Byron.
Timothy Michael Weinstein, 44, of Alleghany Road, Darien, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Weinstein allegedly violated the terms of an order of protection.
Yahaira Ann Marie Brown Diaz, 18, of Old Telephone Road, Bethany, is charged with unlawful possession of marijuana. Diaz was allegedly found in possession of marijuana while at a location on West Main Street Road, Batavia, at 7:04 p.m., Sunday.
A one-vehicle accident is reported in the area of 8557 Lewiston Road, Batavia.
Unknown injuries.
Town of Batavia fire and Mercy EMS responding.
UPDATE 8:15 a.m.: No injuries. Town assignment back in service.
A 18-year-old Oak Street resident has been arrested and accused of posting explicit pictures of a person under 17 years of age to social media.
Davon S. St. John, of 72 Oak St., Batavia, is charged with promoting an obscene sexual performance by a child, promoting sexual performance of a child, endangering the welfare of a child and two counts of sexual misconduct.
Police allege that St. John posted the pictures on one of his social media accounts and then promoted them on another social media account.
He was arraigned in City Court and ordered held without bail.
The GLOW region isn't exactly a hotbed of venture capital activity, so any founder might find it hard to get that first round of funding that is so critical to the success of a startup.
For a woman founder, statistically speaking at least, the odds of getting that early-stage seed backing is even higher. About 3 percent of all venture-backed companies are headed by female founders.
That makes Batavia's Georgann Carrubba pretty unique. She now has access to $200,000 in seed funding through Launch NY and Excell Partners.
Carrubba was awarded the first $100,000 last year in a startup competition hosted by Launch NY in Rochester. Yesterday, at a press conference at the Innovation Zone in the Med-Tech Center, Carrubba was able to announce that Launch NY and Excell have each agreed to put in another $50,000 apiece.
“We strongly believe our product will be life changing for colostomy and ileostomy patients,” Carrubba said. “These types of investments demonstrate we have a viable medical device that is close to being ready for pilot production. We are extremely grateful to Excell Partners and Launch New York for this investment in our company.”
Launch NY is a state-backed incubator for tech startups in WNY and Excell is venture capital fund created by the state.
The goal of both organizations is to identify promising startups that will be based in New York and have the potential to grow into big businesses that employ lots of people.
"We all know, economic development is a team sport and Georgann has a team behind her," said Theresa B. Mazzullo, CEO of Excell Partners. "We want to be the wind at her back and we want to see her succeed so that this same team is standing up together in the future ringing the bell at NASDAQ."
That kind of growth is certainly Carrubba's goal, who intends to keep her business based in Batavia and manufacture the device she's designed for colostomy and ileostomy patients that she believes will help them enjoy the kind of active lifestyle that can be difficult with current colostomy bags.
She calls her product Choice Cap. Yesterday (pictures below), she showed off the latest design iteration, which is slimmer and more functional that earlier versions.
With the $200,000 in funding, she can begin production and marketing, but to really grow the company, she will need to find second- and third-round investors.
The latest round of funding comes from a state grant dedicated to funding women-owned startups and Mazzullo said Tencar is the perfect business to receive the fund's support.
"Tencar and Georgann exemplify -- are the poster child for -- why this fund was created," Mazzullo said. "It’s an opportunity to invest in very promising technologies in the region that are women-owned in an area that is going to have job creation. It hits all the high-water marks for what you want in economic development in our region -- promising technology, women-owned, job creation."
Carrubba, a nurse by profession, first came up with the idea for Choice Cap in 2011 and got serious about developing a business in 2014. It's been a long process, she said, but worth the effort. She believes she will make lives better for patients and employ more people locally.
She's been through tons of meetings, presentations and planning to get to this early-stage funding level, but that's not unusual said Marnie LaVigne, president and CEO of Launch NY. In fact, it's normal.
"A reporter asked me, ‘well, it’s been a long time,’ and, (she replied) 'well, no not really,' " she said. "This is what it is like and a lot of people don’t realize it. Entrepreneurship has become such a cool thing for people to do, but the hard work, and the 24/7, and the angst and the ‘Can I make it through the next step?’ that is something people don’t appreciate fully.”
Carrubba said she knows she's not done with the hard work, but yesterday's announcement was a milestone in the process so far.
"I'm ecstatic," she said. "There are so many strong, qualified, educated people behind me. I could not be happier. It could not have played out any better."
Theresa B. Mazzullo, CEO of Excell Partners
Marnie LaVigne, president and CEO of Launch NY
Daemen College men's basketball player Jeff Redband has once again been named the East Coast Conference Rookie of the Week, picking up the honor for games played Jan. 23-29. It's the fourth time this season and the third straight week that Redband has earned the honor. The official announcement was made via the league's weekly men's basketball report, which was released this afternoon from conference headquarters in Central Islip.
Redband, a 6-foot-7 redshirt freshman forward, helped Daemen to a pair of victories last week by averaging 16.5 points, 2.0 assists and 1.5 blocks per game, while shooting 66.7 percent overall (12-for-18) and from three-point range (8-for-12). The Wildcats downed Long Island University Post (88-66) at home on Jan. 25, and followed up with an 82-72 come-from-behind victory at Mercy College on Jan. 28. Daemen has now won nine of its last 11 games overall, and eight of their last nine league contests dating back to mid-December to sit at 14-6 overall and 8-4 in league play this season.
Redband opened the week by scoring a career-high 22 points and snagging a career-best three steals in the blowout win over LIU Post. During a game-opening 39-9 run, Daemen knocked down nine of their first 12 three-point field goal attempts, four of which came from Redband. At one point in the spurt, he scored 14 consecutive points, helping Daemen get out to a 30-point lead just 12 minutes into the game. Redband ended the contest shooting 8-for-12 from the field and 5-for-8 from downtown. The victory moved Daemen to 11-1 this season, 67-9 since the start of the 2011-12 season and 31-5 all-time in ECC games played at Lumsden Gymnasium.
Later in the week, Redband shot 4-for-6 from the field and 3-for-4 from three-point range, totaling 11 points, two rebounds and two assists in the win at Mercy. Redband's efforts helped the Wildcats erase a 17-point deficit in the game as they held the home-standing Mavericks to just 3-for-19 shooting with seven turnovers in the final 12+ minutes of the contest. His three-pointer with 2:40 remaining pushed the Wildcats' lead back to nine points (76-67) after the Mavericks pulled within six on the previous possession.
For the season, Redband has started all 20 contests thus far, and is producing 11.7 points, 3.3 rebounds and 1.4 assists per game with 15 blocked shots. His 59 three-point baskets leads the team and ranks second among the ECC leaders. Redband is shooting 49.1 percent from the field (85-for-173) and 48.8 percent from behind the arc (59-for-121), and he leads all ECC freshmen in scoring.
With four ECC Rookie of the Week selections, Redband has more than any other player in the league this season. He previously earned the accolade for games played Nov. 21-27, Jan. 9-15 and Jan. 16-22. In the last three weeks, Redband is averaging 13.2 points per game and shooting a blistering 59.5 percent from three-point range (22-for-37).
Redband and the Wildcats return home for an ECC showdown with the University of Bridgeport this Thursday, Feb. 2. The game features the second-place Purple Knights (11-8, 7-3 ECC) against the third-place Wildcats as both teams jockey for position in the hunt for an ECC Tournament berth. Tip-off Thursday is slated for 8 p.m.
Attorney Kristin Allen has put together responses to some of the most commonly asked workers’ compensation questions. For more info, or if you have been injured or would like to file a workers’ compensation claim, please contact Kristin today at 585-815-9003 for a free case evaluation.
1. How do I know if I have a workers’ compensation claim?
If you have been hurt at work, are in pain because of a repetitive motion you must perform as part of your job, or are sick due to something you were exposed to at work, then you most likely have a workers’ compensation claim. Contact our office for a free case evaluation as soon as possible as there are time limits you must adhere to in order to file a claim.
2. How long do I have to file a workers’ compensation claim?
You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.
3. How much does a Workers’ Compensation attorney cost?
Workers’ compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your workers’ compensation claim, and what we take is a small percentage that is paid directly to us out of any amount awarded to you. You will never pay us anything out-of-pocket. More information on contingent fees can be found here (LINK: http://www.dolcepanepinto.com/2013/07/contingent-fee-agreements- explained/). Additionally, our attorneys can explain our attorney fees in greater detail.
4. Do I really need to look for work while I am receiving workers' compensation benefits? Even if I have a permanent disability and I have been approved for SSD?
Any time a claimant has a partial disability, whether they are temporarily or permanently partially disabled, a claimant must look for work within their restrictions in order to keep receiving lost wage benefits. This is true, even if you are actively receiving Social Security disability benefits. If you are out of work and receiving partial disability lost wage benefits, then it is your obligation to attempt to get a job. If you find a job but make less money than before you were injured, you may be entitled to reduced earnings. This means there are times that you can return to the workforce and still receive workers' compensation lost wage benefits.
There are several employment resources that may help you with your job search or retraining. They include: ACCES-VR, Genesee County Job Development Bureau, or any One-Stop Career Center, etc. There are also many online websites that aid in local job searching.
5. Am I able to receive an award for pain and suffering as part of my workers' compensation claim?
No, there is no award for pain and suffering when you file a workers' compensation claim. The workers’ compensation system is in place to compensate workers for lost wages and medical treatment only.
6. Is a workers’ compensation claim my only option if I am hurt at work?
In New York State, you cannot sue your employer but in some circumstances, a personal injury lawsuit can be filed in addition to a workers’ compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor-vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.
7. I have a job that involves repetitive work and now I have pain in my hands and shoulders, is this covered by workers' compensation since I did not actually have an injury on any particular date?
Yes, depending on what your job entails, a worker can develop an injury over time due to repetitive work. This is considered an "occupational disease" and a claim for medical treatment and lost wages can be filed. This should be filed with the Workers' Compensation Board within two years of when you knew or should have known it was work-related.
8. I work in a very noisy environment and I am noticing that I have hearing loss from it. Can I file a claim for loss of hearing? When do I file it?
Yes, this is called "occupational hearing loss." You have two years and 90 days from when you stop working in the noisy environment to file a claim for hearing loss. The test for loss of hearing must be done at least 90 days after removal from the noisy workplace.
If you or a member of your family has been injured, please contact us today at 585-815-9003.
Notre Dame High School celebrated on Saturday by thanking Mike Rapone for his outstanding dedication to the students of Notre Dame and his achievement of being inducted into the Sec V Basketball Hall of Fame.
He was inducted as the all-time winning coach in history. Not bad at all, some might say downright impressive. Rapone wouldn’t. He would tell you it’s the players' achievement not his. Notre Dame celebrated the fete with basketball, fittingly with four games against Rapone’s hometown of Le Roy.
The Lady Irish varsity team dominated Le Roy and finished with a score of 41 to 33.
The Notre Dame boys varsity fought a playoff-intensity fight against Le Roy, that was back and forth for the first three quarters of the game. Notre Dame lost by a score of 48 to 65 when the game got away from them in the fourth quarter.
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