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.

Senior forward Gavin Schrader's third goal of the game -- coming just 21 seconds into the third period -- enabled Batavia Notre Dame United to gain a 6-6 tie against Hamburg in non-league varsity hockey tonight at the LECOM HarborCenter in Buffalo.

Trailing 6-5 after two periods, Schrader beat Hamburg goaltender Gavin Waite, with assists going to senior linemates Zack Eschberger and Vin DiRisio.

United, now 5-3-1, was unable to find the back of the net the rest of the way, however, despite outshooting the Bulldogs, a Section VI club, 15-1 in the third period. Both teams had four shots on goal in the five-minute overtime period.

Hamburg took a 3-2 lead after one period with senior forward Luke Stotz scoring twice around a power play goal by junior forward Josh Gregoire. BND's goals were by Schrader (from DiRisio and Eschberger) -- see photo above -- and DiRisio (from junior defenseman Noah Hudson and freshman forward Jameson Motyka).

The wide open play continued in the second period as both teams scored three goals. 

Schrader and Eschberger opened the scoring in the period, giving BND a 4-3 edge, before the Bulldogs countered with a goal by junior forward Braeden McGuire.

United took a 5-4 advantage on a goal by junior forward Ronin Hofmaster 10 minutes into the period before Hamburg rallied to take the lead on goals by senior forward Luke Nassoly and sophomore defenseman Matt Holst.

BND outshot Hamburg, 40-29. Senior Courtney Schum was in goal for United.

Schrader now has 18 goals and 16 assists, while DiRisio upped his goal and assist totals to 11 and 10, respectively. Hofmaster's goal was his seventh of the season to go along with his 14 assists.

United is back at the HarborCenter for a 4:15 p.m. game on Thursday against Frontier.

To view or purchase photos, click here.

Photos by Steve Ognibene

Vin DiRisio connects for a power play goal in the first period.

Brady Johnson looks to maneuver past Hamburg's Alex Wood (55).

Zack Eschberger (middle) gets some high-fives from DiRisio and Jameson Motyka after his power play goal in the second period.

Motyka seeks an opening in the Hamburg defense.

United's Ronin Hofmaster pokes the puck past Waite to tie the game at 5-5.

A Stafford man has been charged with multiple felonies in connection with an incident on Saturday that led to Route 5 being closed to traffic in both directions for several hours.

Christopher C. Say is accused of setting a detached garage on fire at a residence on Main Road in Stafford and being uncooperative when crews from the Stafford Fire Department arrived on the scene.

Say allegedly barricaded himself in the garage and claimed explosives would detonate if the garage was approached.

Sheriff's deputies evacuated residents from the immediate area.

Along with Batavia Police Department's emergency response team, negotiators from both Batavia PD and the Genesee County Sheriff's Office were dispatched.

After negotiations stalled, Say allegedly drove a motor vehicle backward through a closed garage door, breaking the garage door and damaging the vehicle. He reportedly continued down the driveway, striking a fence and a marked patrol car.  He was then taken into custody without further incident.

During the incident, Say also allegedly burned another person's face causing a physical injury.

Say is also accused of possessing a metal knuckle knife.

Investigators claim there was evidence found in the garage to support Say's claim that the garage was equipped to explode.

Say was arraigned in Stafford Town Court and charged with:

• Making a terroristic threat, a Class D felony
• Criminal possession of a weapon 3rd, a Class D felony
• Criminal mischief 2nd, a Class D felony
• Attempted arson 3rd, a Class D felony
• Criminal mischief 3rd, a Class E felony.

Say was ordered jailed on $20,000 bail, $40,000 bond, or $80,000 partially secured bond.

Also assisting in the incident were New York State Police, New York State Department of Environmental Conservation, Genesee County Emergency Management, and Mercy EMS.

Photo: File photo from Saturday

Previously: Route 5 closed in Stafford

Gary Patnode, a coordinator with the Emergency Management Office, hands out N-95 masks at a distribution location on Alva Place this afternoon.  Patnode said that as of 4 p.m., the county had distributed more than 3,000 masks, two to a person or four to a household.  The mask distribution is continuing until 6 p.m.

After trailing for much of the game, including, at times, by double-digits, the Batavia Blue Devils put together a final quarter rally but still fell short against Attica, 50-48.

Carter McFollins scored 19 points for Batavia while Tanner Mountain added 12 points.

For Attica, Simon Lamparell scored 16 points and Luke George scored 10.

Attica advances to the championship game at 9 p.m., Thursday, at the GCC gym against Le Roy.

For more game photos, click here.

The Fighting Irish are advancing to the championship round the 39th Annual Lions Club Tournament in the small school division after beating Alexander on Tuesday 66-51.

Notre Dame will play Oakfield-Alabama at 7 p.m., Thursday.

For the Irish, Cody Henry scored 22 points, Jordan Welker, 17, Ryan Fitzpatrick, 11, and Jimmy Fanara, nine.

For the Trojans, Nick Kramer scored 14 points, Dylan Pohl, 10, and Trent Woods, 8.

For more game photos, click here.

In a first-round game of the small schools' division of the annual Lions Tournament at GCC, Oakfield-Alabama beat Elba 60-44.

For the Hornets:

• Gaige Armbrewster, 20 points, 11 rebounds, 6 assists, 4 steals
• Kam Cusmano, 15 points, 6 rebounds, 4 assists, 4 steals
• Kaden Cusmano, 12 points, 11 rebounds, 5 assists, 2 blocks

For Elba, CJ Gottler scored 25 points.

O-A is now 5-0 on the year.

Photos by Kristin Smith.  For more, click here.

Glenn Howard Wright, 51, of Broadway Street, Bethany, is charged with DWI, consumption of alcohol in a motor vehicle, no seat belt, and stopped in the roadway on a public highway.  Wright was arrested after deputies David Moore and Kyle Krzemien were dispatched at 2:41 a.m., Dec. 28, to the 6700 block of Clinton Street Road, Stafford, for a report of a vehicle parked in the roadway.   Wright was issued an appearance ticket.

Amber Lynn Turner, 28, of South Main Street, Batavia, is charged with petit larceny.  Turner is accused of shoplifting from Walmart in Batavia at 3:33 p.m., Dec. 28. She was issued an appearance ticket.

Press release:

Congressman Chris Jacobs (NY-27) and Congressman Tim Ryan (OH-13) announced their legislation, the Reservists Opportunity Act (H.R. 5063), was signed into law by the President as part of the FY22 National Defense Authorization Act. The legislation was also introduced in the Senate by Senators Jacky Rosen (NV) and Joni Ernst (IA).

“Ensuring America’s military is ready to face any threat to our nation requires us to retain the best men and women our country has to offer,” Jacobs said. “The Reservists Opportunity Act helps accomplish that goal by streamlining the process for our citizen-soldiers in the National Guard and Army Reserves to access active-duty opportunities. I’m proud to have successfully led this bipartisan effort to set our military up for future success, and I look forward to seeing our citizen-soldiers find new opportunities to serve our nation.”

"When members of our National Guard and Reserve want to step up to serve full-time, the last thing that should stop them are technological barriers. This Reservists Opportunity Act will ensure these servicemembers can access the opportunities available for active-duty service from their personal devices. I’m proud to have worked with my Republican colleague Chris Jacobs and Senators Joni Ernst and Jacky Rosen to get this important legislation across the finish line for our Guard and Reserve members," said Rep. Tim Ryan.

“Army reservists in Iowa, and across the country, should be able to easily access information on opportunities to grow their careers and find positions that best match their skill sets,” said Senator Ernst. “This bipartisan effort will ensure reservists can securely utilize the Tour of Duty system, and in turn improve military readiness and retention. I’m thrilled to see it signed into law.”

“Removing unnecessary red tape and providing more flexibility to securely search for career-enhancing active-duty opportunities is going to help our soldiers in the Army National Guard and Reserve,” said Senator Rosen. “I’m glad to see our bipartisan plan become law through the national defense bill, so we can help the Army find existing talent within their ranks, grow soldiers professionally, and better serve the needs of the nation.”

“Providing ease of access for Citizen Soldiers to find their next opportunity to serve is vital to their growth as soldiers and the readiness of the reserve force,” said ROA’s Executive Director, retired U.S. Army Maj. Gen. Jeffrey Phillips.  “ROA is proud to have been an initial partner with Congressman Jacobs in allowing the Tour of Duty system to be accessed at home, removing any barriers to soldiers looking to be “twice the citizen” and schedule the next time they can serve their country in uniform.”

The Reservists Opportunity Act (H.R. 5063), would allow for members of the Army Reserves and National Guard to access the Army’s “Tour of Duty” system from personal devices, greatly improving access and making it easier for reservists and guardsmen to access active-duty opportunities. Currently, this system can only be accessed at locations with Department of Defense (DoD) network access. More information on this legislation can be found here.

Press Release:

Genesee County is set to host a free KN95 mask distribution on Wednesday, December 29 from 2 p.m. to 6 p.m. at the Alva Place parking lot, located on the corner of Alva Place and Bank Street in Batavia.  Additional KN95 masks will be available to the public during normal business hours at the Genesee County Clerk’s Office in County Building 1 at 15 Main St, Batavia, and the Genesee County Department of Social Services at 5130 East Main St, Batavia, while supplies last.  The free masks are provided by New York State.  

“We appreciate New York State stepping up to help us prevent the spread of COVID 19 and in particular the highly contagious Omicron variant by providing these highly effective masks,” said Genesee County Legislature Chair Shelley Stein.  “This will go a long way to helping our businesses, especially our retail businesses stay open, over the next several days as we welcome in the New Year.”

Residents can also sign up an upcoming COVID-19 vaccination clinic to receive their first dose, booster shot, or a pediatric dose for children age 5-11 here.

 Led by BID Interim Director Shannon Maute, FeBREWary is set for 5 to 8 p.m. Feb. 26 in downtown Batavia.

“We’re hoping to have a lot more people participating and will want to get out and go downtown,” Maute said during an interview Tuesday. “We’re still accepting applications … and tickets are only being sold at Eventbrite.”

Run in a similar fashion to BID’s popular wine walk, FeBREWary will take place at 20 downtown businesses and focuses on tasting the brew. There will also be hard cider for those that don’t like beer as much, Maute said. Folks will have three hours to walk, sample from New York State craft breweries, and check out the downtown merchant goods. 

Maute’s name may seem new, but she has served on BID committees for quite a while now, she said. A former event coordinator and office manager for Eli Fish, the Batavia native worked on FeBREWary, Christmas in the City, and wine walk events. BID members recently began seeking applications for the BID director position after Beth Kemp announced she was leaving earlier this month. Maute was hired as interim director to fill the gap. 

The organization has received some applications, including one from Maute, she said. As someone who has “helped with a lot of events,” she would like an opportunity to fulfill the director’s duties, she said.

“I find it very exciting; it’s an amazing opportunity to get business downtown,” Maute said. “Beth has done a great job, and I would like to continue that. Whether or not I get the position, I will be driving FeBREWary."

A total of 600 tickets will be sold, and can only be purchased online. General admission is $25, and all participants will receive a commemorative beer glass. VIP tickets are $35 and will allow participants entry an hour earlier at 4 p.m., plus exclusive specials, raffle tickets, and a commemorative gift. Tickets for $5 will also be available for designated drivers.

For more information, call (585) 344-0900. To buy tickets, go to: https://downtownbataviany.com/index.php/febrewary/

Top photo: Interim BID Director Shannon Maute shows the poster and glass for the next FeBREWary set for Feb. 26 downtown Batavia. Photo by Howard Owens.

The trustee in the Michael S. Tomaszewski bankruptcy case has asked the court to order Tomaszewski's wife to turn over an anticipated income tax refund once it is received.

Attorneys for Trustee Mark J. Schlant filed the motion last week after Tomaszewski was sentenced to two to six years in prison for defrauding funeral pre-arrangement customers out of, collectively, more than $500,000. 

According to the motion, Michael and Valerie Tomaszewski have jointly claimed refunds of $27,121 for their 2019 and 2020 income tax filings. 

The motion asks the court to order Valerie to turn over $13,560 to the court to help settle some of Michael Tomaszewski's debts.

"The Trustee understands that the Debtor recently might have become somewhat limited in his ability to deal with matters such as this and that the necessary arrangements might put Mrs. Tomaszewski in control of the funds," the motion reads. "Therefore the Trustee wishes to secure Mrs. Tomaszewski's cooperation in effecting the turnover."

The bankruptcy judge, Robert H. Jackson, has not yet responded to the motion.

In bankruptcy filings, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

At his sentencing on Dec. 22, Judge Charles Zambito ordered Tomaszewski ordered the former funeral home operator to pay $569,434.92 in restitution to his victims, starting at $2,000 a month once he's released from prison.

Tomaszewski admitted to misappropriating funds from clients who paid for pre-arrangement services. There were at least 91 such victims.  Many of those victims have filed stipulations with the bankruptcy court protecting those debts from discharge through the bankruptcy process.

The Lady Lancers hit 70 percent of their shots in the first half of Monday's game against Batavia propelling Elba to a 54-31 win.

Dakota Brinkman, who dropped three three-point buckets, scored 13 points for Elba, while Laci Sewar and Kennedy Augello scored nine each. Adrianna Long scored eight and Sydney Reilly scored seven.

Brinkman also had seven rebounds.

For Batavia, Jaylene Dersham scored 10 points.

Press release from BAAS:

On Dec. 10, Byron Association Against Solar members Eric Zuber, Gayla Starowitz and Jim Lamkin led state and local officials on a tour of the proposed Excelsior Solar Project in Byron as indicated by the black line on the Excelsior map (above).

Included on the tour were officials and attorneys from NextEra/Excelsior, the New York State Department of Environmental Conservation, the Department of Public Service, the Department of Agriculture, BAAS and the Byron Town Board.

The purpose of the tour was to allow state and town officials to see for themselves the size and scope, and magnitude of the prime farmland acreage that will be covered by solar panels if the NextEra/Excelsior project is approved.  These areas are colored “purple” on the attached map.     

Local landowners have agreed to lease 3,400 acres of land for 30 years for the project although only about 1,700 acres (in purple) will initially be covered by solar panels, roads, fences, wires, poles, batteries and other related equipment.  The landowners, the Byron-Bergen Central School District, Genesee County and the Town of Byron will receive compensation from the project.

We ask that Byron Town residents view the proposed site of the project for themselves by starting at the South Byron Firemen’s Recreation Hall and following the black line on the map.  The numbers represent view sites.

It is expected that in early 2022 the project will be reviewed by the New York State Siting Board as part of the Article 10 process.  If approved, it is likely that construction will begin in 2022.

A multi-vehicle accident is reported in the area of 73 Main Street, in front of the YNGodess Shop, Batavia.

Unknown injuries.

City Fire and Mercy EMS dispatched.

UPDATE 7:14 p.m.: A car has struck a parked car in front of Key Bank.

UPDATE 7:44 p.m.: An Audi sedan struck a parked vehicle pushing that vehicle into another car parked in front of it.  The driver of the Audi was administered a field sobriety test and taken into custody.  His name has not yet been released.

Press release:

In a decision rendered December 21, 2021, Genesee County Court Judge Charles N. Zambito affirmed the misdemeanor DWI conviction of defendant James D. Doyle (complete decision attached). The defendant was convicted upon his guilty plea in Pembroke Town Court in March of 2018 and was sentenced to a conditional discharge.

On August 26-27, 2012, around midnight, Trooper Timothy Pickering was on duty and received multiple reports through dispatch of an erratic vehicle traveling eastbound on the Thruway. Trooper Pickering located the car in the Pembroke service area. The vehicle was parked but it was still running. When the trooper approached the car, he saw "a driver sitting in the driver's seat, no seat belt, slumped over the wheel, and there was a female passenger in the passenger seat slumped over, too." The trooper knocked on the window and received no response. He then opened the door and was eventually successful in waking up the driver, who was Mr. Doyle.

After Mr. Doyle pleaded guilty, he filed a notice of appeal In April of 2018. In July of 2020, after Mr. Doyle had made no further action to perfect the appeal, the Genesee County District Attorney's Office moved to dismiss the matter. Genesee County Court allowed Mr. Doyle to complete his appeal, and an oral argument occurred on September 29, 2021.

In its decision, Genesee County Court found that Trooper Pickering was justified In "the minimally intrusive act of opening the defendant's . . . door to continue his Investigation" due to "the recent and substantial report of the defendant's erratic driving behavior, the manner in which the defendant's vehicle was parked, the fact that the vehicle was still running, and the defendant's unresponsive state." These factors gave the trooper reasonable cause to believe that the defendant had operated the vehicle while intoxicated or impaired. The trooper's actions were also justified under the emergency doctrine.

Assistant District Attorney Robert J. Shoemaker, who handled the appeal, welcomed the decision. "This is a good result not only for law enforcement, but it is also a win for logic and reason. We appreciate County Court's recognition that a trooper in this situation can approach a car and check on the occupants, both to determine their welfare and to investigate possible criminal activity.

Indeed, Trooper Pickering would have been derelict in his duties if he had knocked on Mr. Doyle's window and, upon receiving no response, had simply walked away.”

To read the full decision, click here (pdf).

Sarah P. Lytle, 39, of Batavia, is charged with torture/injure/failure to provide sustenance to an animal.  Lytle was accused of animal cruelty after Batavia PD was asked to assist the Probation Department with a house check at 10:39 p.m., Dec. 21, on State Street. Lytle is accused of keeping a dog in a cage without adequate food or water and the cage contained the dog's own feces. She was issued an appearance ticket.

Brian Paul Demko, 44, of Montclair Avenue, Batavia, is charged with DWI, use of a vehicle without an interlock device, refusal to take breath test, driver license restriction violation, driving with motor vehicle vision obstruction. Demko was stopped at 12:36 p.m., Dec. 23, on Main Road, Stafford, by Deputy Kenneth Quackenbush. 

Mathew Paul Parker, 32, of Oak Street, Batavia, is charged with criminal trespass. Parker is accused of trespassing at Walmart at 3:02 p.m., Dec. 21. He was taken to the Genesee County Jail for prints and photos and released on an appearance ticket.

Jeffrey Michael Kirkey, 50, of South Wind Court, Rochester, and Jessica Lynn Zicari, 38, of Suston Street,  are each charged with criminal possession of a controlled substance. Kirkey and Zicari were arrested after Deputy Kenneth Quackenbush and Deputy Kyle Krzemien responded to Route 33 in Stafford for a report of a vehicle partially blocking the roadway.  Kirkey and Zicari were allegedly found in possession of cocaine.  The suspects were processed at the Genesee County Jail. Zicari was released on her own recognizance. Kirkey was turned over to the Monroe County Sheriff's Office on an outstanding felony warrant.

Robert W. Russo, 46, of Winter Park, Fla., was arrested as a fugitive from justice at 2:06 a.m., Dec. 18, by Batavia PD when he was located by an officer investigating an unrelated complaint. The warrant out of Orange County, Florida, was for an alleged assault.  He was arraigned in City Court and ordered held in the Genesee County Jail.

Marcell F. Greene, 37, of Bliss, was arrested on a bench warrant. Greene allegedly failed to comply with a court-ordered program. She was arraigned in Batavia Town Court and released under supervision of Genesee Justice.

John J. Saddler, 34, of Batavia, is charged with grand larceny 4th. Saddler is accused of stealing cash from the pants pocket of another person at 11:30 a.m., Oct. 25, at a location on East Main Street, Batavia.  He was issued an appearance ticket.

Jason P. Gorton, 25, of Batavia, is charged with assault with intent to cause physical injury with a weapon and criminal possession of a weapon. Gorton was arrested by State Police in connection with an incident reported at 10:51 p.m., Dec. 26, in the Town of Batavia.  He was released on his own recognizance.  No further information was released.

Chase E. Shultz, 31, of Batavia, is charged with criminal contempt 2nd. Schultz was arrested by State Police in connection with an incident reported at 1:45 p.m., Dec. 23, in the Town of Oakfield. Schultz was issued an appearance ticket. No further information was released.

Kaleb J. Bobzien, 23, of Lockport, is charged with criminal contempt. Bobzien was arrested by State Police in connection with an incident reported at 5 p.m., Oct. 5, in the Town of Batavia. He was ordered held in the Genesee County Jail. No further information was released.

Anthony J. Maye, 21, of Bergen, is charged with rape 3rd (inability to consent) and sexual abuse 3rd. Maye was arrested by State Police in connection with an incident reported at 12:48 p.m., Oct. 26, in the Town of Bergen. He was released on his own recognizance.  No further information was released.