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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 Worker's Compensation Law or to contact Dolce Panepinto: click here.

Defense and prosecution attorneys delivered closing statements in a last attempt to persuade jurors to adopt their interpretations of the evidence from the July 24, 2018, murder of Raymond L. Morgan in his 111 Liberty St., Batavia, home.

After five days of the trial and three hours of deliberations, Richard D. Hanes was convicted of murder in the second degree this afternoon. The jury returned a unanimous guilty verdict to a suspense-filled courtroom packed with family members, legal counsel and law enforcement personnel.

Lindsay A. Clemm, 37, of Batavia, was arrested on July 28 following a traffic stop on Route 19 in the Town of Warsaw. Clemm was stopped for allegedly going 56 mph in a 30-mph zone on South Main Street near Jefferson Street in the Village of Warsaw. Multiple other traffic infractions were allegedly observed in the Town of Warsaw while Wyoming County Sheriff's deputes attempted to get Clemm's vehicle to pull over. Clemm allegedly failed field sobriety tests. Clemm's vehicle was towed from the scene and she was taken to the Sheriff's Office where she was evaluated by a drug recognition expert. She was charged with driving while ability impaired by drugs and was processed and released to a third party. She is due in Town of Warsaw Court Aug. 12. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

James K. Penders, 47, of Pavilion, was arrested July 27 following a traffic stop for a loud muffler on Route 19 in the Town of Covington. He was allegedly found to have a revoked license dated June 22, 1996 and an expired license dated March 16, 1995. He was released with appearance tickets for Covington Town Court on Aug. 12. The case was handled by Wyoming County Sheriff's Deputy Adam Hope.

Richard D. Hanes was found guilty by a jury this afternoon of second-degree murder for the killing July 24, 2018, of Ray Morgan at 111 Liberty St., Batavia.

Murder in the second degree is a Class A-1 felony and carries a possible term of life in prison.

Hanes will be sentenced at 9:30 a.m., Aug. 28.

MORE T/K

Submitted photo and press release:

The BCSD Foundation lnc.'s Board of Directors is pleased to announce Chris Dailey as a recent recipient of the BCSD Foundation Apple Award. He was nominated by Stephen Ognibene in June.

Ognibene nominated Dailey and presented him with a Foundation Apple for many reasons. First he would like to "thank Mr. Dailey for his 11 years contributing to much success in our school district." He is a leader to his staff, students, and parents who have connected with him. He has fulfilled his motto "Take Care of BCSD" in so many ways.

Dailey has been engaged in every way with our students and family members. He attended many sporting, events, Mr. Batavia, music concerts, and his worked helped achieve the number one workplace for our district. He was a Blue Zoo participant and a Blue Devil at heart. Our community is truly thankful for the years of commitment to BCSD.

About the BCSD Foundation Apple award

It is given by a member of the school and/or local community to a Batavia City School District employee or volunteer. In the opinion of those giving the honor of this distinction, the awardee has gone above and beyond in their role and is being recognized by one or more people for these accomplishments.

Local artist, Mark Jensen, will be making each individual resin apple -- none will be exactly the same. If you are interested in giving a Foundation Apple award, please submit your nomination form and $75 (payable to the BCSD Foundation Inc., 260 State St., Batavia NY 14020, att: Allison Chua). Nomination forms may be found on our webpage (at www.bataviacsd.org under Quick Links).

Community members with questions are asked to email us at foundation@bataviacsd.org.

Photo: Nominator Stephen Ognibene and awardee -- former BCSD Superintendent Chris Dailey, now superintendent of Gates Chili Central School District in Monroe County.

A key issue in the July 2018 murder of Raymond L. Morgan — and a crucial piece of evidence that could connect the perpetrator to the 111 Liberty St., Batavia, crime scene — is the description of the man who jumped out Morgan’s window after the bludgeoning attack. 

This pivotal detail caused defense attorney Frederick Rarick to motion for a trial dismissal for his client, Richard D. Hanes, three times yesterday. Rarick argued that without DNA evidence, finger or palm prints or identification of Hanes at the scene, the case is “all speculative as to who that subject is.”

District Attorney Lawrence Friedman responded that eyewitness accounts of Hanes are not needed to overcome the prosecution’s burden of proof. Judge Charles Zambito denied all three of Rarick's motions because “the People have established each and every element of the offense,” so the jury should be able to reach a verdict on Hanes's second-degree murder charge. 

Detective Sgt. Kevin Czora, the last witness called by the prosecution, questioned inconsistencies about the gray sweatpants and green shirt — similar to those of the unidentified suspect — found in Hanes’s bedroom closet at his former 5 Thorpe St., Batavia, house. 

The clothing items recovered from Hanes’s closet did not match either the descriptions given by witnesses or the clothing items shown in surveillance video footage from Southside Deli, Marchese Computer Products and a Goade Park residence.

The videos also captured a man who appeared to be Hanes biking from Liberty Street to Ellicott Street at 11:13 p.m., moments before Batavia PD received a 9-1-1 call to the scene at 11:14 p.m. Czora testified to the possibility that Hanes arrived at 111 Liberty St. unnoticed by making a U-turn on Goade Park and cutting behind the house. 

Rarick called witnesses Michael Elmore, Danielle Case and Bonnie Cortright to attest to their recollections of the man who fled the scene. Elmore said his statement to police was mistakenly based on the premise that the individual who jumped out the window was Morgan. 

“I gave [Batavia PD] a description that resembled Ray Morgan,” Case also told jurors. 

Rebuttal testimony from detectives Matthew Wojtaszczyk and Thad Mart offered evidence against Case and Cortright. The detectives said the suspect was bald and wore sandals despite the women’s claims that the individual had short dark hair and wore sneakers. 

The jury must sort through these contradictory descriptions starting today in Genesee County Court. Jurors will hear closing arguments and elements of the second-degree murder charge before entering verdict deliberations. Hanes can be sentenced to life in prison if convicted.

An open burn in the city is reported at 130 Pearl St. City fire and law enforcement are responding. The location is between Roosevelt Avenue and Brooklyn Avenue.

Press release:

Do you know the difference between Alzheimer’s disease and dementia? Learn the facts during a free educational program in Batavia."Understanding Alzheimer’s Disease and Dementia" is a free program that will be presented by experts with the Alzheimer’s Association® Western New York Chapter at 11 a.m. on Tuesday, Aug. 6.

The Genesee County Office of Aging at 2 Bank Street will host the class.

While Alzheimer’s disease currently cannot be prevented or slowed, there are steps to take and recommendations to follow in the areas of diet and nutrition, exercise and cognitive activity that promote healthy aging.

Learn more during a free educational program offered by dementia experts at the Chapter in August. "Healthy Living for your Brain and Body" will be presented at 1 p.m. at the New York State Veterans Home at 220 Richmond Ave. in Batavia on Monday, Aug. 12.

Registration is required for both programs by calling the Chapter office during traditional business hours at (716) 626-0600, ext. 313, or 24-hours a day, 7-days a week at 800-272-3900.

Additionally, the Chapter oversees several monthly caregiver support group meetings across the county, which allow caregivers to connect with others facing similar challenges and hear advice for overcoming them:

• 3^rd Wednesday (Aug. 21) at 7 p.m. – Richmond Memorial Library, 19 Ross St. in Batavia
• 3^rd Thursday (Aug. 22) at 1 p.m. – Genesee County Office for the Aging, 12 Bank St. in Batavia
• 2^nd Monday (Aug. 12) at 2 p.m. – The Greens of Le Roy, 1 West Ave. in Le Roy

Community social programs, or respites, are also available every month in Batavia and Corfu. This program provides relief to those who care for individuals with Alzheimer’s disease or other dementia and offers them some time to refresh and recharge, while their loved one is engaged in social activities in a safe environment.

First Presbyterian Church of Batavia offers this free service on the fourth Monday (Aug. 26) from 10:30 a.m. - 2:30 p.m. For additional information, please call Mickey Rodak at (585) 455-5940.

Local residents now have a second Batavia location for this service. On the second Monday of each month (Aug. 12) St. James Episcopal Church at 405 E. Main St. will offer a four-hour program, starting at 10:30 a.m. Those interested in this respite should call Barbara King at (585) 343-6802.

Indian Falls United Methodist Church at 7908 Allegany Road offers a respite program on the third Wednesday (Aug. 21) from 10:30 a.m. to 2:30 p.m. For more information, call Celinda McQuiston at (585) 762-9105.

To learn more about other Alzheimer’s Association programs and services, contact the WNY Chapter office at 800-272-3900.

You can also access dementia care programs and resources by calling the Genesee County Office for the Aging at (585) 343-1611.

Justin P. Avino, 26, of Swan Street, Batavia, is charged with second-degree harassment. He was arrested after an investigation allegedly found he physical contact with another person at 4 a.m. July 21 on Swan Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Aug. 8. The case was handled by Officer Peter Flanagan.

Katherine S. Thomas, 46, of Ross Street, Batavia, is charged with trespass. She was arrested after an investigation into a disturbance on Ross Street at 1:11 a.m. on July 26. Thomas was warned to stay away from the scene by police but she allegedly returned a short time later. She was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Matthew Lutey.

Dustin Wayne Bogue, 37, address unknown, Buffalo, was arrested on a warrant in which is alleges that the defendant violated an order of protection at 10:38 a.m. on April 5 on Tracy Avenue in Batavia. He was arraigned in Batavia City Court and jailed with unspecified bail. He was due to return to city court on July 28. The case was handled by Officer Peter Flanagan.

Myriam M. Cruz, 36, of Copeland Street, Rochester, and Christian Saez, no age or address provided, are each charged with two counts of petit larceny after allegedly shoplifting from a local business on separate occasions in July. Cruz was released on her own recognizance. Saez was jailed on July 26 in lieu of $500 cash bail or $2,500 bond. Both are due in Batavia City Court on Aug. 1. The investigation was conducted by Batavia Police Officer Kevin DeFelice, assisted by Sgt. Dan Coffey.

Tony J. Aguglia, 39, of Main Street, Clarence, is charged with larceny of beer from a local business at 2:50 a.m. on July 25. He was arrested and processed at the jail, issued an appearance ticket for Aug. 6 in Batavia City Court, and released to his mother. The case was handled by Batavia Police Officer Darryle Streeter.

A head-on collision with injuries is reported at Route 63 (Lewiston Road) and Batavia-Oakfield Townline Road. Mercy Flight #5 out of Batavia is on a ground standby. Town of Batavia Fire Department is responding along with two Mercy medics ambulances and law enforcement.

UPDATE 12:55 p.m.: A first responder reports "at least two vehicles involved." They are off the roadway. Tools may be needed for extrication. National Fuel will be contacted because a piece of their roadside equipment was broken. Mercy Flight can stand down.

UPDATE 1:02 p.m.: Two vehicles involved; two flatbed tows are called.

UPDATE 1:22 p.m.: A maroon-colored sedan, with the driver as sole occupant, was eastbound on Batavia-Oakfield Townline Road when it failed to stop at the stop sign at Lewiston Road. It was broadsided by a silver Jeep, which had one passenger in addition to the driver. No serious injuries reported.

UPDATE 8:09 p.m.: According to the Sheriff's Office accident report, prepared by Sgt. Thomas Sanfratello, Mariam J. Blackchief, 87, of Bloomingdale Road, Basom, was eastbound on Batavia-Oakfield Townline Road and she allegedly failed to stop for a stop sign at Lewiston Road. Gregory M. Nellist, 64, of Medina, was southbound.  Joan A. Anderson, 88, was a passenger in Nellist's car.  Nobody was seriously injured though all three were transported to area hospitals. A citation is pending.

Press release:

The Batavia Muckdogs had lost four straight and were suddenly down 3-0 on Sunday to Williamsport with their first-place lead in danger.

That's when Muckdogs Manager Tom Lawless started pulling out the stops as he has all season. The team started bunting, double steals with a steal of home and then a big home run.

The Muckdogs then turned to the bullpen with the lead and held on to win, 5-4 before an Irish Night crowd of 1,021 at Dwyer Stadium, just a day after a near-record crowd of 2,779 filled Dwyer. That's a three-day total of 4,687 to see the 25-18 Muckdogs.

Down 3-0, in the fourth, Brayan Hernandez singled in Troy Johnston, advancing Andrew Turner to third. On the double steal, Hernandez swiped second then Turner stole home, cutting the lead to 3-2.

In the bottom of the fifth, Dalvy Rosario's RBI double scored Milton Smith II to tie the game then Nic Ready's sacrifice fly scored Rosario for the lead.

In the bottom of the sixth, Batavia catcher Michael Hernandez crushed an opposite-field home run to give Batavia a 5-3 lead they would not lose. it was the second home run of the season for Hernandez, who came to the Miami Marlins organization out of Nova Southeastern College.

J.D. Orr blasted a triple for Batavia and his average of .374 still leads the entire New York-Penn League.

Left starter Andrew Miller, a 2018 Marlins draft pick out of Kentucky, had the win to even his record at 3-3. He went five innings and struck out five walking just one.

Josh Simpson, another lefty and a 32nd-round pick this year out of Columbia University, earned his fifth hold of the season throwing a perfect sixth.

Bryan Hoeing, a 6-foot-6, 225-pound righty who was a seventh-round Marlins draft pick out of Louisville this year threw 2.2 innings for his second hold, striking out one and allowing one run.

Evan Brabrand, one of the best closers in the minor leagues, picked up his eighth save of the year, striking out the last batter of the game with runners on base. Brabrand was a ninth-round pick of the Marlins this year out of Liberty University in Lynchburg, Va.

Batavia at 25-18 holds a two-game lead over 22-19 West Virginia in the Pinckney Division and a three-game lead over State College in Pennsylvania and Mahoning Valley, both 22-21. Only Lowell with 26 wins has more wins in the entire NYPL than the Muckdogs.

Batavia is on the road for three games with the Tri-City ValleyCats (Houston farm club) before returning home to take on the Detroit Tigers Class A team, the Connecticut Tigers Friday, Saturday and Sunday, Aug. 2, 3 and 4. There will be fireworks on Saturday and specials all three games.

Photos by Jim Burns.

Gillian Romano, right, with Mary Wilson, played in the Ralph Wilson Jr. Memorial Golf Tournament this weekend, and on the 13th hole at Diamond Hawk in Cheektowaga Romano shot her first hole-in-one.

Bottom photo, Romano with Russ, Nick Rotondo, Ellen Simkulet and Will Fowler.

Photos and info submitted by Norm Itjen.

The smell of something burning is reported in the front apartment at 219 Liberty St. in the city. No flames showing. City fire is responding.

UPDATE 5:59 p.m.: A first responder on scene reports nothing showing. Building evacuated.

New York Craft Malt in Batavia hosted a malt sensory seminar on Friday where brewers could learn about a relatively new way to test and compare malts for flavor profiles.

Defense attorney Frederick Rarick told the court on Friday that he intends to call five witnesses on behalf of his client, Richard D. Hanes, the man standing trial for the July 24, 2018, murder of 47-year-old Raymond L. Morgan. 

Rarick said he plans to bring forward Danielle Case, Michael Elmore, Bonnie Cortright and Hanes’s mother and father. Though the trial will most likely last until Tuesday or Wednesday of next week, Hanes is not anticipated to testify in his defense.

Case made the initial 9-1-1 call to emergency responders after the bludgeoning of Morgan occurred around 11:15 p.m. at 111 Liberty St., Batavia. Case reportedly said “That’s Ray” when an unknown male dropped from Morgan’s second-floor window and fled the scene before he could be identified.

Elmore was the resident of the Liberty Street house who allegedly posted photos of the bloody crime scene to social media before the landlord could secure Morgan’s room. At the time, Elmore apparently posted that Morgan was the killer. 

No major developments arose during the cross-examination of Batavia PD Detective Thad Mart Friday afternoon. District Attorney Lawrence Friedman is expected to call the final witness for the People, Detective Sgt. Kevin Czora, to attest to his account of the murder investigation.

Witness testimony will begin at 9 a.m. Monday in Genesee County Court. Once the prosecution and defense rest, jurors will hear summations and legal elements of the second-degree murder charge before entering verdict deliberations. If found guilty, Hanes faces a life sentence.