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Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. 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.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. 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.

Q. How much does a Workers’ Compensation Attorney cost? 
A. 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. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Photos: Youth Baseball tournament in Batavia

By Howard B. Owens

Batavia Youth Baseball hosted a regional tournament at the ball fields at MacArthur Park this weekend, from Friday through this evening, with the finals taking place this evening.

Twelve teams participated.  

These photos are from a game Saturday between Akron and Perry.

Sheriff's Office would like to find person who spray painted graffiti in County Park

By Howard B. Owens

The Sheriff's Office is seeking the public's assistance in identifying a person or people who defaced public property in the Genesee County Park in the Town of Bethany.

The vandalism occurred between May 19 and May 20 at Pavilion "A" in the park, off of Raymond Road.

If anyone has information that can assist in the investigation, contact Investigator Ryan DeLong at (585) 345-3000, ext. 3572.

Four students named 2021 recipients of Mary Anne Graney Memorial Scholarships

By Press Release

Submitted photos and press release:

Four top 10 seniors from Alexander, Elba, Pembroke and Notre Dame high schools are the recipients of the 2021 Mary Anne Graney Memorial Scholarships administered by the Arc of Genesee Orleans.

The $1,000 scholarship award winners, Annie Kochmanski, Taylor Augello, Lauren Filter and Isabelle Cooper are planning to pursue careers related to healthcare or working with those with a disability.  

Annie Kochmanski (top inset photo right) -- Alexander Central, will begin her studies in the teacher education transfer program at Genesee Community College, transferring to Keuka College to study Special Education and American Sign Language.

The Darien resident plans to become a teacher for individuals who are deaf/hearing impaired. In 2020, before school closed due to the coronavirus pandemic, Annie was involved in Alexander’s Big Buddy program, paired with a student in the elementary school, and was also an intern/teacher assistant for the second and third grades.

This experience solidified Annie’s decision to become and educator.

“I know that helping special needs students is where my heart lies,” Annie said in her scholarship application.

Taylor Augello (inset photo at left) -- Elba Central, will attend Genesee Community College for nursing and plans to one day become a Nurse Practitioner.

A scholar/athlete at Elba, Taylor said she has chosen nursing as her career path, because she has seen how individuals, especially those with disabilities can struggle.

“Knowing that I can help people with disabilities will fulfill my childhood dreams of helping others,” Taylor said.  

Lauren Filter (inset photo below right)-- Pembroke Central, has been accepted to Daemen College and plans to study Nursing, setting her sights on one day becoming a Certified Registered Nurse anesthetist (CRNA). “In a hospital, I will be working with people of all abilities,” Lauren said, adding, “There needs to be compassion, empathy and understanding that individuals (with disabilities) have complex communication needs.” As a certified lifeguard, Lauren has taught swimming lessons to children with a variety of swimming skills, special needs and learning disorders.  

Isabelle Cooper (below left inset photo) -- Notre Dame High School, is from the Town of Pavilion.

In the fall, she will be attending Seton Hill University in Greensburg, Pa., in the Physician Assistant program.

In her scholarship application, Isabelle said, “I hope to one day work in a neurology practice with children with developmental delays.”

Isabelle has more than five years’ experience in the YMCA’s Challenger Sports program, volunteering with children with special needs.

In 2019, she took on the leadership role of running the Challenger Tennis program.

About the Mary Anne Graney Memorial Scholarship

Now in its 16th year, the Mary Anne Graney Memorial Scholarship is presented to area high school seniors planning to further their studies in human services, special education or related fields.

It is in honor of Mary Anne Graney, a special education teacher, who died in 2004.

The scholarship is funded by the Friends & Family 5K, scheduled this year for Sept. 18 in Elba.

Free COVID-19 vaccine clinic in Genesee County is Thursday, rapid test clinic is this Wednesday

By Press Release

Press release:

This week, Genesee and Orleans County Health Departments (GO Health) are hosting COVID-19 vaccination clinics at their respective health departments. For the first time, each clinic will offer all three vaccines, Pfizer, Moderna and Johnson & Johnson (J&J).

The Pfizer vaccine is available for anyone 12 years of age and older and the J&J and Moderna vaccine is available for anyone 18 years of age and older. J&J is one dose, and Moderna and Pfizer are two doses.

Genesee County will hold their vaccination clinic on Wednesday, June 30th from 1:30-3:30 p.m. at 3837 W. Main Street Road in Batavia. Orleans County will hold their clinic on Thursday, July 1st from 1:30-3:30 p.m. at 14016 State Route 31, Suite 101.

Both vaccine clinics are available for walk-ins and registration. If you are interested in making an appointment, visit the GO Health website at https://gohealthny.org/covid-19-vaccine-information/

 “We want to continue to provide opportunities for our residents to get vaccinated as we try to increase vaccination rates for each county,” said Paul Pettit, Public Health director for GO Health.

“According to the Finger Lakes Vaccine Hub, Orleans County is currently at 51.2 percent and Genesee County is at 55.6 percent of population (12+) with at least one dose. Our goal is to vaccinate as many residents as possible.”

If you are a business/church/organization that is interested in hosting a vaccination clinic, please fill out the survey and one of our staff members will be in contact with you -- https://www.surveymonkey.com/r/GOHealthPopUpVaccineClinic.

For those who are seeking testing, both health departments provide free rapid testing for those without symptoms at the respective Health Departments.

For Genesee County, a rapid test drive-through clinic is scheduled for Wednesday, June 30th from 10:00-10:30 a.m. at County Building #2, 3837 W. Main St. Road, Batavia.

For Orleans County, a rapid test clinic is scheduled for Thursday, July 1st 10-10:30 a.m. at the Orleans County Health Department at 14016 Route 31 West, Albion.

For the rapid test clinics, registration is required. To register for rapid testing for the Genesee Test Clinic: http://bit.ly/GeneseeTests. To register for the Orleans Test Clinic: https://bit.ly/OCHDRapidTest

For COVID-19 inquiries, those that do not have internet, vaccine/testing registration assistance and questions related to testing and vaccines, please call (585) 344-2580, ext. 5559, for Genesee County, and (585) 589-2762 for Orleans County. 

For more information about the COVID-19 vaccine, visit the GO Health website at www.GOHealthNY.org and follow us on Facebook at https://www.facebook.com/GOHealthNY.

State approves Mobile Access Program for Genesee County Mental Health to work with three police agencies

By Mike Pettinella

Genesee County’s director of mental health and community services apparently swung for the fences and hit a home run last week when she learned that the New York State Office of Mental Health approved the county’s application to participate in the Mobile Access Program with three law enforcement agencies.

The Mobile Access Program (MAP) is a pilot initiative that connects residents in distress with mental health clinicians utilizing iPads (via Zoom for Healthcare, a secure teleconferencing software program) when law enforcement officers request assistance.

Mental health staff then will conduct an evaluation remotely to help plan for an appropriate disposition.

“They (NYSOMH officials) really wanted one law enforcement agency but we kind of took a gamble and chose three. We asked for a lot,” said Lynda Battaglia, who heads up the county’s mental health department.

The three police departments that have agreed to partner with Genesee County are the Genesee County Sheriff’s Office, City of Batavia Police and Village of Le Roy Police.

Battaglia said heads of the three law enforcement agencies watched a webinar about the program and all expressed an interest in participating.

“I asked each police department to provide information specific to their line of work – how many devices they would need for each shift; bandwidth, accessibility in different areas; how many officers would need iPads and the number of calls related to mental health issues they receive,” Battaglia offered.

She then took that data and coupled it with mental health information and sent the application to the NYSOMH. Not only was Genesee County approved, but requests from all other counties as well.

“We received notice that since there was such a great response … they were able to accommodate all the applicants,” she noted.

Calling it a “telehealth program,” Battaglia said the state will give iPads to all three police departments and to the mental health clinic. The state also will provide training and support services.

She said that the objective is to increase accessibility to those having mental health issues and cut down the time it takes to deliver essential mental health consultations.

“Let’s say police receive a call to go out and talk with somebody – and it’s a mental health call,” she said. “One of the goals is to decrease unnecessary transport to the hospital, under Mental Health Law 9.41.”

Mental Health Law Section 9.41 give powers to peace officers and police officers to admit individuals in emergency situations for immediate observation, care, and treatment.

Battaglia explained that if an officer is interacting with someone who doesn’t need to be transported to a hospital (or to jail), they will ask that person if they wish to have a telehealth emergency visit with the mental health person on call.

“There will be arrangements made to have the officer connect with his or her iPad with our on-call person with their iPad, and the mental health person will conduct a telehealth session with that individual in crisis,” she said.

She did acknowledge that the program won’t work in all cases, specifically if someone is under the influence of alcohol or substances – “for clinical reasons you won’t get an accurate assessment,” she said – or if a person is extremely agitated or at very high risk.

“We’re hoping to have it where the mental health professionals make that determination (which is allowed under MHL Section 9.45 -- emergency admissions for immediate observation, care, and treatment under the authority of directors of community services or authorized designees).

Genesee County Sheriff William Sheron reported that mental health calls continue to increase.

“I would say we average at least one a day – and some days, more than others,” he said. “That’s why it’s important to get the proper treatment to these individuals in a timely fashion, and reduce the amount of police involvement in the process.”

Sheron said law enforcement is “working hand-in-hand with mental health to more directly address the needs of people who have mental health crises.”

“This will expedite that. It may not be appropriate for all cases, but I think for the majority of them, it will be very beneficial. The last thing we want to do is having law enforcement take some kind of criminal action against somebody when they really need the services of mental health professionals.”

Battaglia said she expects it to take a few months for state mental health officials to provide training and to implement the program. She said is hoping that this turns out to be a win-win situation for all.

“We have a crisis plan in place (contracting with SpectrumHealth for a mobile response team), and I think that it is a plan that has been OK. But, with this opportunity and moving into the future, we can make the crisis plan a little more connected,” she said.

“It will definitely prove how law enforcement and mental health officials can work together. It will build relationships. It will help the people in the community.”

Law and Order: Man accused of striking one victim with tire iron, another with his fists

By Billie Owens

James Timon Saddler III, 39, of University Street, Rochester, is charged with: second-degree assault -- with intent to injure with a weapon; criminal possession of a weapon in the third degree; second-degree harassment; and trespass. Following a call for service at a motel on West Main Street Road in Batavia, Saddler was arrested at 5:19 p.m. June 24. It is alleged that he got into a physical altercation and struck a victim with a tire iron and another victim with his fists. He was arraigned in Alabama Town Court and put in jail without bail. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Mathew Clor.

Ray Spencer-Lindquist Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with first-degree criminal contempt; second-degree harassment; and second-degree assault -- causing injury to a victim age 65 or older. Following an incident in the early morning hours of June 26 in the Town of Alabama, Saile was arrested. It is alleged that he backhanded a person who had a stay away order of protection against him. Following arraignment in Alabama Town Court, Saile was released under supervision of Genesee Justice. He is due back in Alabama Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy James Stack.

Jazmin Pellot, 38, is charged with second-degree harassment and obstructing governmental administration. She was arrested at 1:33 p.m. June 15 after an incident that occurred on North Spruce Street in the City of Batavia. It is alleged that she struck a victim in the face with a closed fist and that she interfered with officers and failed to comply with directives during an investigation. She was arraigned in Batavia City Court later that afternoon and then released on her own recognizance. She is due back in court July 22.

Thomas Tacito, 61, was arrested at 1:30 p.m. June 17 after he allegedly violated an order of protection issued to a victim on North Spruce Street in the City of Batavia. He is accused of going to the protected party's residence and knocking on their door. He was issued an appearance ticket for Batavia City Court and is due there at a later date (unspecified).

Thomas Tacito, 61, was arrested at 11:15 a.m. June 23 after an investigation into a neighbor dispute that occurred at 10 p.m. April 24 on North Spruce Street. A victim had all four tires slashed and several windows smashed out on their vehicle. Tacito is charged with third-degree criminal mischief. It is alleged that he caused more than $250 in damage to the vehicle. He was issued an appearance ticket to be in Batavia City Court July 6 and then released.

Liltesia Nefetiria Turner, 39, of Tracey Avenue, Batavia is charged with: fourth-degree grand larceny -- property with a value greater that $1,000; fourth-degree grand larceny -- credit card; and petit larceny. Turner was arrested June 22 for allegedly stealing a wallet belonging to another person at 11:15 p.m. June 21 at Batavia Downs Gaming, which contained several credit cards and more than $1,000 cash. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Mitchell Bates, 29, is charged with: aggravated driving while intoxicated -- with a BAC of .18 percent or more DWI; and failure to keep right. Bates was arrested at 10:06 p.m. June 19 on Ellicott Street. The charges stem from a motor-vehicle accident in which Bates allegedly drove into oncoming traffic and struck another vehicle head on. He was processed at Batavia Police Headquarters and released on tickets returnable to Batavia City Court on Sept. 21.

Trevor M. Rich, 40, is charged with: criminal possession of a controlled substance in the seventh degree; driving while intoxicated; aggravated DWI; and failure to keep right. Rich was arrested on June 18 after an investigation of a motor-vehicle accident that occurred at 6:10 p.m. Feb. 25 on East Main Street in Batavia. It is alleged that he was driving under the influence of alcohol and that he possessed cocaine at the time. He was issued an appearance ticket for June 29 in Batavia City Court.

Jamie Dutton, 28, was arrested June 26 and charged with criminal mischief and criminal trespass. It is alleged that at about 5:45 p.m. Feb. 27 that Dutton entered a residence on Harvester Avenue unlawfully and damaged windows in the the process. The defendant is due in Batavia City Court on July 6.

Bianca Tyson, 30, was arrested at 2:28 a.m. June 20 on Jefferson Avenue in Batavia after a traffic stop. It is alleged that she was operating her vehicle while intoxicated with a BAC or .08 percent or more. Tyson was issued an appearance ticket to be in Batavia City Court on July 20.

Jaylinn Oneil, 31, was arrested at 10:21 p.m. June 18 on Holland Avenue in Batavia and is charged with criminal mischief and resisting arrest following a disturbance. She was issued a ticket to appear in Batavia City Court on June 29.

Kaleb Bobzien, 23, was arrested on charges of: resisting arrest; obstruction of governmental administration, speed in zone; aggravated unlicensed operation in the third degree; and suspended registration. He was arrested June 14 at 3:37 p.m. on Alexander Road after allegedly failing to comply with Batavia police officers' commands to exit his vehicle after being advised that he was under arrest on a warrant out of Warsaw PD. He was issued an appearance ticket for June 22 in Batavia City Court, and traffic tickets, then turned over to Warsaw PD on the warrant.

Ashley Elizabeth Quintern, 32, of Miller Avenue, Batavia, is charged with petit larceny. At 5:57 p.m. June 23, Genesee County Sheriff's deputies were dispatched to Walmart on Veterans Memorial Drive in Batavia for a larceny complaint. It is alleged that Quintern stole merchandise belonging to Walmart. She was processed at GC Jail then released on an appearance ticket. She is due in Town of Batavia Court on July 26. The case was handled by Deputy Kyle Tower.

Mitchell Merrill, 35, was arrested on June 17 at 4:55 a.m. following an investigation of a larceny that occurred at 4:36 a.m. that day on East Avenue. It is alleged that Greene took property that did not belong to him without permission of the owner. He was released on an appearance ticket for court (date unspecified).

Marcella Greene, 36, was arrested June 22 for failure to appear in Batavia City Court on April 19; reason not specified. After being processed at Batavia Police Headquarters and arraigned in city court, she was released. Greene is due to return to court Aug. 5.

Nicole Casey, 33, of West Main Street, Batavia, turned herself into Batavia Police Headquarters at 10:45 a.m. June 21 after failing to appear in Batavia City Court as required by an appearance ticket. The original charge involved a shoplifting incident at a local business in Feburary of 2018. After arraignment in city court, Casey was directed to return to court on July 21.

Tim Kauffman, 52, was arrested on a warrant out of Batavia City Court on June 15. It was issued after he failed to appear in city court on May 13 as required. He was processed, arraigned and released on his own recognizance and is due to return to court at a later date (unspecified).

Long line at Northgate church for final distribution of free boxes of food

By Billie Owens

The final free food box distribution starts now at Northgate Free Methodist Church's north campus, 8160 Bank Street Road, Batavia.

The Salvation Army is co-hosting the drive-thru distribution of boxes of assorted fresh produce and boxes of assorted dairy items. The distribution will continue until the boxes are gone.

Be sure your trunk/hatch are cleared out for the volunteers to place the boxes in your vehicle. You will need a photo ID for each household you will be picking up for. When lining up ahead of time please do not block traffic and stay in your vehicle until it is time to procede.

It's a good turn out today and at one point law enforcement was called make sure the queue was not impeding drive-by traffic.

'Americans insatiable demand for gasoline' pushing prices higher

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $3.10, up 3 cents in the past week. One year ago, the price was $2.18. The New York State average is $3.15 – up 2 cents from last week. A year ago, the NYS average was $2.25. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $3.10 (up 2 cents since last Monday)
  • Buffalo -- $3.07 (no change since last Monday)
  • Ithaca -- $3.11 (no change since last Monday)
  • Rochester -- $3.10 (no change since last Monday)
  • Rome -- $3.22 (up 2 cents since last Monday)
  • Syracuse -- $3.14 (up 2 cents since last Monday)
  • Watertown -- $3.18 (up 1 cent since last Monday)

Demand for gasoline is on the rise as schools have wrapped up and summer travel is in full swing. Crude prices remain well over $70 per barrel. Crude prices continue to ascend due to optimism that vaccine rollout will continue to help crude demand recover.

In fact, the price of crude crossed the $73 per barrel threshold last week for the first time in nearly three years. Daily crude prices have not been this high since October 2018.

Increasing crude prices, while gas demand remains high, are pushing pump prices higher ahead of the Independence Day holiday weekend. For the holiday, AAA expects 43 million Americans to drive to their destinations. That is the highest on record for this holiday and 5 percent more than the previous record in 2019.

From GasBuddy: 

"With oil's continued push higher, fueled by continued strong demand globally and production only slowly answering, gasoline prices have had no choice but following the national average last week setting a new 2021 high," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"As we approach July 4, it appears the only way forward is for gas prices to continue their rise as Americans insatiable demand for gasoline continues to be the catalyst for the rise in price.

"With hurricane season soon coming into its prime, we have plenty of catalysts for a rise in price, and few that could restrain the situation. Motorists should prepare to dig deeper for the second half of the summer, unfortunately."

Sen. Ed Rath honors nurses

By Press Release

Submitted photo and press release:

During Nurses Week (May 6th through 12th) Senator Ed Rath sought nominations of local nurses to honor. 

“The outpouring of nominations we saw was tremendous," Rath said. "Our nurses play such a critical role in our communities, and I believe that COVID really highlighted the importance of our medical professionals. 

“The stories we heard about our local nurses was nothing short of amazing. We are extremely fortunate to have so many amazing men and women willing to put others before themselves.:

More than 200 nominations were received from throughout the 61st Senate District. 

In photo aboe, Senator Rath presents ARC Genesee Orleans nurse Kristie Rada with a certificate of recognition to honor her work.

Car vs. pedestrian accident reported in Target parking lot

By Billie Owens

A car vs. pedestrian accident is reported in the Target parking lot at 4300 Veterans Memorial Drive in Batavia. Those involved are "right up front." The pedestrian is still down in the roadway. Mercy medics and city fire responding.

Porch fire rekindles on Gilhooly Road, Alexander

By Billie Owens

The porch fire at 4225 Gilhooly Road, Alexander, has rekindled. Alexander Fire Department is responding.

UPDATE 2:41 p.m.: The Alexander assignment is back in service.

Air conditioner reported stolen out of Jackson Street window in the city

By Billie Owens

A man and woman are suspected of stealing an air conditioner unit out of a window in the 100-200 block of Jackson Street in the city. They were last seen running down Morton Avenue. The male was wearing a short-sleeve shirt; the woman has on a black hoodie. City police are speaking with a male now. The caller was a neighbor of the victim.

UPDATE 4:41 a.m.: A male and female have been arrested.

Porch fire reported at residence on Gilhooly Road, Alexander

By Howard B. Owens

A porch fire is reported at 4225 Gilhooly Road, Alexander.

All occupants are out of the house.

Initial response, Alexnder fire and Town of Batavia fire. An additional response requested from the City's Fast Team, Bethany, Darien and East Pembroke.

UPDATE 3:20 a.m.: National Grid requested to the scene.

UPDATE 3:22 a.m.: The City's Third Platoon is recalled to headquarters to stand by.

UPDATE  3:28 a.m.: Tankers from Stafford and Pavilion requested to the scene.

UPDATE(S) (By Billie) 3:44 a.m.: A crew from Attica Correctional Facility is asked to respond for cleanup.

UPDATE 3:59 a.m.: An EMS unit out of Attica will be requested. They are going to bring a second tanker to the back of the property to access a pond they're drawing water from. They are also filling tankers using water from Baskin Farms on Creek Road in Batavia. National Grid has an ETA of 25 minutes.

UPDATE 4:06 a.m.: Bethany's auxiliary will be supplying refreshments.

UPDATE 4:09 a.m.: Command reports fire is under control.

UPDATE 4:21 a.m.: Command calls for a fire investigation team to the scene. National Grid has isolated power to the residence at the road.

UPDATE 4:33 a.m.: Some tankers at the road are being sent back to their stations. There are two tankers at the residence's pond if needed. Bethany's auxiliary brought refreshments.

UPDATE 4:37 a.m.: Bennington is standing by in Alexander's fire hall.

UPDATE 4:40 a.m.: Pavilion is back in service.

UPDATE 4:52 a.m.: Stafford is back in service.

UPDATE 4:54 a.m.: Wyoming Correctional is responding with a five-minute ETA to assist with cleanup.

UPDATE 5:05 a.m.: The Salvation Army was contacted about providing refreshments; they are ready with them.

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