Mario Marchini Esq. prevails in a slugfest against the State Fund

Recent Bad Rulings Against C.O’s 

A number of recent NY Workers Comp Board decisions have unfairly ruled against NYS Correctional Officers in regards to their Schedule Loss Of Use findings.

 This is happening mainly  In cases where the officer had a fairly large schedule loss of use, and in many of those cases the insurance company doctors actually agreed with the officer’s treating doctor findings.   judges were finding that it was unlikely that an officer could possibly work if he had such a large range of motion deficit to their extremity.  The judges were disregarding the case law and the NY WC guidelines on SLU (schedule loss of use), and literally either coming up with their own schedule loss of use numbers or throwing out the schedule completely. 

How the system used to work before the bad rulings 

In the past an Officer would go to his doctor, who would fill out a permanency report, and that report gave percentage loss of use findings to each extremity injured. The State Insurance Fund would do the same, a negotiation would take place, and if an agreement cannot be made the judge would decide.  In the past when the judge would decide between let’s say  a treating doctor’s opinion of a  20% of the arm  versus a 15% of the arm from the carrier doctor, the judge had to make a choice between the numbers, and nothing in between.  THIS HAS ALL CHANGED RECENTLY

In the past 6 months many Schedule Loss of Use settlements were taking longer due to these recent decision’s against Correctional Officers.  The effects of these bad decisions were reverberating throughout the negotiation process. 

The Battiloro Law Group was Victorious in their first Trial on this issue.  

In the first trial for the firm on this issue, Mario Marchini Esquire, a partner at the firm, and one of the most gifted trial lawyer’s in the NY State Worker’s Comp system,(ask anybody in the business) delivered a stunning victory on behalf of a XXX C.O.  Using the skills he honed through over 21 years of representing the NY City Corporation Counsel, The State Insurance Fund, the federal government, and countless other insurance companies, Mario fought for this officer using all the tools in his legal arsenal, impressing the judge, and defeating the insurance company.  

Facts of the Case:

  • Our client in this case is an officer at GreenHaven,
  • Injured his shoulder
  • Had extensive surgery
  • Lost significant time from work
  • Even went back to work light duty, 

Medical Findings:

  • The treating doctor found a 45% SLU
  • The IME dr found a 42.5% SLU

The State Fund’s Position:

  • The State Fund’s argument was that the client should not be entitled to either the 42.5% or the 45%.
  • Their basis for this was an argument they had used many times this year against clients of other firms, and that they had been victorious with:  

The argument:  That it is not possible for the officer to do his job with a schedule that high.  And to prove it they will bring in the captain of the jail to testify to that effect, discredit their own doctor, and raise fraud against the client if they had to.  

Settlement Offer Before Trial?

  • Zero.Zilch, not even a dime.  No counteroffers to any of our demands. 
  • The Insurance Company refused to negotiate, stating that the case law was on their side and they would be victorious.  

The Result:

  • The Judge awarded a 42.5% SLU, (6 figure gross payout for client)

Why is this decision important?

  • When the carrier thinks they will win they may not come to the negotiation table.
  • The Battiloro Law Group has an obligation to their clients to do everything they can to not let bad law get created.  Other firm’s had been losing these cases for months and the effects of these losses hurt all officer’s. Settlement’s were not getting done, and/or client’s were getting lowballed.   Creating good case law will benefit all officer’s.  Our CO Client’s can rest easy knowing we have their backs, and will protect them from injustice that was running rampant for too long.  The message is now clear.  We will not stand for their behavior.  We at the Battiloro Law Group will fight to the end until we get what our clients deserve.

Congratulations Mario, you are an asset to the firm, and I’m  honored to call you my friend.


-Gennaro Battiloro Esq.