Melissa Day
Melissa began her practice defending workers’ compensation insurance carriers and self-insured employers throughout the process of adjudicating workers’ compensation claims: from administrative trials and hearings through the Appellate Division. She expanded her Appellate and workers’ compensation practice when she joined Special Funds. She has briefed over 50 appeals and successfully argued Burns v. Varialle, 9 N.Y.3d 207, 879 N.E.2d 140, 849 N.Y.S.2d 1, (2007). In addition to amassing 13 years of general workers’ compensation defense experience, she has become extremely comfortable addressing workers' compensation subrogation issues; she has appeared in numerous courts across NY defending motions and orders to show cause in connection with third-party claims for judicial approval nunc pro tunc and for apportionment of attorney's fees. Melissa is a seasoned insurance defense attorney and recently helped obtain summary judgment for a premises liability client. The firm successfully argued that the doctrine of primary assumption of the risk should be applied in an employment situation, a novel application of the concept in New York's courts. The trial court agreed and dismissed the occupational therapist's cause of action. That finding was affirmed by the Fourth Department. Melissa is a native Western New Yorker and thrilled to be living in the area after living in the eastern part of NY for several years. Melissa and her husband live in Williamsville, NY, with their teenage son who attends Williamsville North High School.
Specialties:
- New York Workers' Compensation Law
- Third-Party Issues
- Appellate Law
- Premises Liability
- Trucking Litigation
- Personal Injury
Education:
- Notre Dame Law School, J.D., 1996
- Canisius College, B.A., 1993
Admitted to Practice:
- United States District Court, Western District of New York, 2001
- State of New York, 1997
Civic & Professional Memberships:
- Owner of the Linkedin Group, “New York Workers Compensation Forum”
- Buffalo Claims Association
- Self-Insureds Association of the Niagara Frontier
- Insurance Women of Buffalo
- Board Member
- Automation Committee Chair
- Notre Dame Alumni Association of Western, New York
- Board Member
- YMCA Camp Weona
- Board Member
- New York State Trial Lawyers Association
Practice Areas:
Email: mday@watsonbennett.com
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