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Having a hard working, experienced legal team fighting for your best interest is not just a privilege of the rich and powerful. Dolce Panepinto, P.C., is proud to level the playing field for working families. Our team of experienced, approachable attorneys includes laborers, an ironworker, labor organizers, and civil rights advocates. We are a full service personal injury firm created by, and for, workers. In addition to personal injury, our firm focuses on workers’ compensation, Social Security disability, and all injury-related matters.

Attorney Kristin Allen has put together responses to some of the most commonly asked workers’ compensation questions. For more info, or if you have been injured or would like to file a workers’ compensation claim, please contact Kristin today at 585-815-9003 for a free case evaluation. 

1. How do I know if I have a workers’ compensation claim?
If you have been hurt at work, are in pain because of a repetitive motion you must perform as part of your job, or are sick due to something you were exposed to at work, then you most likely have a workers’ compensation claim. Contact our office for a free case evaluation as soon as possible as there are time limits you must adhere to in order to file a claim.

2. How long do I have to file a workers’ compensation claim?
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.

3. How much does a workers’ compensation attorney cost?
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, and what we take is a small percentage that is paid directly to us out of any amount awarded to you. You will never pay us anything out-of-pocket. More information on contingent fees can be found here (LINK: http://www.dolcepanepinto.com/2013/07/contingent-fee-agreements- explained/). Additionally, our attorneys can explain our attorney fees in greater detail.

4. Do I really need to look for work while I am receiving workers' compensation benefits? Even if I have a permanent disability and I have been approved for SSD?
Any time a claimant has a partial disability, whether they are temporarily or permanently partially disabled, a claimant must look for work within their restrictions in order to keep receiving lost wage benefits. This is true, even if you are actively receiving Social Security disability benefits. If you are out of work and receiving partial disability lost wage benefits, then it is your obligation to attempt to get a job. If you find a job but make less money than before you were injured, you may be entitled to reduced earnings. This means there are times that you can return to the workforce and still receive workers' compensation lost wage benefits.

There are several employment resources that may help you with your job search or retraining. They include: ACCES-VR, Genesee County Job Development Bureau, or any One-Stop Career Center, etc. There are also many online websites that aid in local job searching.

5. Am I able to receive an award for pain and suffering as part of my workers' compensation claim?
No, there is no award for pain and suffering when you file a workers' compensation claim. The workers’ compensation system is in place to compensate workers for lost wages and medical treatment only.

6. Is a workers’ compensation claim my only option if I am hurt at work?
In New York State, you cannot sue your employer but 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.

7. I have a job that involves repetitive work and now I have pain in my hands and shoulders, is this covered by workers' compensation since I did not actually have an injury on any particular date?
Yes, depending on what your job entails, a worker can develop an injury over time due to repetitive work. This is considered an "occupational disease" and a claim for medical treatment and lost wages can be filed. This should be filed with the Workers' Compensation Board within two years of when you knew or should have known it was work-related.

8. I work in a very noisy environment and I am noticing that I have hearing loss from it. Can I file a claim for loss of hearing? When do I file it?
Yes, this is called "occupational hearing loss." You have two years and 90 days from when you stop working in the noisy environment to file a claim for hearing loss. The test for loss of hearing must be done at least 90 days after removal from the noisy workplace.

If you or a member of your family has been injured, please contact us today at 585-815-9003.

The 21st annual bowling tournament known as the Betty Ellison Memorial "Strike Out" for Crossroads House will take place next weekend -- Friday, Saturday and Sunday Feb. 17-19 -- at Mancuso Bowling Center, located at 214 Main St. in the City of Batavia.

This year it is dedicated in memory of Joe Gerace, longtime Crossroads House supporter and champion in community service and volunteerism.

Each five-person team fee is a total of $100 ($20 per person).

Lane times are: Friday at 6 p.m.; Saturday at 3 and 6 p.m.; and Sunday at 1 p.m.

Secure registration and payment can be made at the Crossroads House website: www.crossroadshouse.com (choose the Events tab).

Registration forms are also available at MBC or at Crossroads House, 11 Liberty St., Batavia.

For additional information, call Cindy at 993-0584 or Tara at 409-0136.

This weekend and next, Batavia Players, now in its 85th season, is presenting "The Magic Kingdom On Broadway VIII." The musical review features performances from a variety of Disney productions, including "Zip-A-Dee-Doo-Dah," "A Spoonful of Sugar," "A Whole New World," "The Ballad of Davy Crockett," songs from "Frozen," and songs from "High School Musical," plus several other numbers. 

The cast includes 37 local dancers and singers from age 8 to 40. The show consists of five segments with a 15-minute intermission and a total run time of an hour and 45 minutes. The show is appropriate for theatergoers of all ages.

There is a performance at 56 Harvester today at 7:30 p.m. and tomorrow at 2 p.m. Next weekend there are performances on Friday and Saturday at 7:30 p.m. Tickets are $15 for adults and $13 for students and seniors. 

A car fire is reported in the Court Street Plaza parking lot behind the M&T Bank in Batavia.

City fire is responding.

UPDATE: Photo via City of Batavia Firefighters -- IAFF Local 896. Firefighters reported a quick knock down. No injuries. This was also the first fire for two new members of the department, Sean Huggins and David Pollock.

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There is a lot to consider here for the money...easy to see anytime, definitely one to check out and think about! Click here to view the complete listing for 9 Colorado Ave. in Batavia. Call Lynn Bezon at Reliant Real Estate today at 585-344-4663!

Two solar farm projects in the Town of Batavia were recommended for approval by the Genesee County Planning Board on Thursday night.

One project is at 3833 W. Main Street Road. It is an 11.6-acre project on a 83.5-acre parcel.  

The other is at 8169 Bank Street Road, Batavia. It is 11 acres on 93.3 acres.

Both projects are being developed by Forefront Power, formerly SunEdison, with Forefront agreeing to leases of 25 years with the property owners.

The projects are expected to produce enough electricity each to power the equivalent of 300 residential homes.

Timothy P. Ahrens, in charge of project development for Forefront, said the projects will help create additional renewable energy sources for the region.

The projects will be eligible for state and federal incentives to help offset the costs.

Planning Board members asked questions about what happens to the farm if it's ever decommissioned and Ahrens said part of the agreement with the landowners is to remove all of the infrastructure and return the land to its prior use.

Both lots are less-than-prime farmland.

Pending final approval by the Town of Batavia, Ahrens said Forefront hopes to begin construction by the fall.

Thomas L. Gibson, 29, of Watson Street, Batavia, has been arrested on suspicion of drug dealing and jailed on $20,000 bail or $40,000 bond.

Gibson was arrested on a warrant. The arrest stemmed from an investigation by the Local Drug Task Force into the alleged sales of crack cocaine in the City of Batavia.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts criminal possession of a controlled substance, 3rd.

Literacy Genesee-Orleans held a ribbon cutting and grand opening yesterday at their new location at 27 City Centre.

Director Bob Curtis said the agency had been at a location on North Street, but they wanted to find a space that was more centrally located. The new location is larger and $200 a month cheaper.

"Not only did we save money, but we also enlarged our facility from one large classroom to two classrooms plus office space and in a location that is more convenient for everybody," Curtis said.

Clients of the center range in age from 18 to 74. While there are some volunteers, many on the teaching staff are older adults, 55 and over, who receive a wage paid for through a federally funded program.

The center offers help in reading, math, and computers as well as classes and tutors for people learning English as a second language.

Photo: Tom Turnbull, president of the Chamber of Commerce, Assemblyman Steve Hawley, Jim Owen, Sandra Gillard, Bob Curtis, Jay Grasso and Ben Bonigrigo. Photo by Kelly Bermingham.

The Lady Blue Devils' record fell to 4-15 on Thursday night with a 42-53 loss to Wellsville. Batavia closes the season at home Tuesday, game time 7:15 p.m., against Odyssey.

No stats available for the game.

In his State of the County address on Wednesday evening, County Legislature Chairman Ray Cianfrini said the City of Batavia has been "put on notice" about the county's desire to reduce how much sales tax revenue it shares with the city.

Reached later that evening, City Manager Jason Molino said, "I don't know where those comments are coming from because the City and the towns and villages have been very engaged in an open, constant and engaged discussion about these issues."

There is a working group of legislators, council members, along with two town supervisors and members of both county and city staff, who have been working diligently for months on a new sales tax agreement and water services agreement, Molino said. Cianfrini is a member of that oversight committee. 

Molino shared with The Batavian a 42-page PowerPoint presentation titled "20 Identities ... One Genesee County Community" that goes into comprehensive detail about the process, timeline, history of the issues involved, and milestones that need to be reached to hammer out a new agreement covering how sales tax will be allocated and water issues handled.

Molino said he thought the whole process over the past several months has been cooperative and productive but repeated several times over the course of the conversation, "I just don't know where he's coming from."

The committee had seemed to be on the same page, he said, about reaching a mutually beneficial agreement, taking into account the shared needs -- which includes a possible new jail and infrastructure repairs for roads and bridges -- facing all of the municipal entities in the county.

"We made it very clear in the beginning that bridges and roads and a new county jail is more than just a county responsibility," Molino said. "It's all of our responsibility. There is an ownership responsibility that we all agree we must find a solution together. It's been a very cooperative process with the staff and oversight committee."

Currently, the county sales tax rate is 4 percent. That revenue is shared with the city and other municipalities in the county. The city gets 16 percent of that 50 percent and the other 34 percent is split among the other entities. The 10-year agreement expires in a year.

In his speech, Cianfrini said the county is facing some difficult financial issues in the future and suggested the county needs to keep more of the sales tax revenue for itself. He noted that Genesee County's share is more generous than Orleans, Livingston or Wyoming counties. He mentioned specifically the need to fund a potential new jail, a cost of $34 million to $42 million, and the backlog in repairs to roads and bridges, at a cost of $17 million. 

"Negotiations for a new agreement began eight months ago, in July of last year, and the pace has been excruciatingly slow," Cianfrini said. "I can certainly understand the City’s desire not to have changes made to the agreement, but the needs of the county today and for the future are much different than they were when the last agreement was signed 10 years ago."

Cianfrini said changes need to be made that benefit the county.

"The county has put the city on notice that if a new agreement is not in place by February of next year, the county will consider the current sales tax sharing agreement to be terminated," Cianfrini said. "We await the results of the negotiations, but again, I want to be clear, time is of the essence and changes need to be made."

Among the milestones the oversight committee has agreed to, Molino said, is a review in May that will determine if any changes in the process need to be made. The May deadline was selected because if there is a new agreement, the state's comptroller needs six-months notice to implement changes.

The committee is also working on water supply issues for the county and the city, assessing the needs and challenges that may be faced in the future. 

The document outlining the scope of work for the committee recognizes that are different goals and needs for the various entities involved, and each faces significant constraints, such as reduced staffing, the need not to increase property taxes and growing expenses. It also lays as a ground rule for the committee's work that everybody is going to have to give up something -- the people involved must focus on the big picture. 

The oversight committee includes Cianfrini, legislators Bob Bausch and Marianne Clattenburg, council members Eugene Jankowski Jr. and Kathy Briggs, and representing the towns and villages are Darien Supervisor David Hagelberger and Bergen Supervisor Don Cunningham.

The working group, which meets regularly and reports back to the oversight committee, includes Molino, County Manager Jay Gsell, Assistant County Manager Matt Landers, Assistant City Manager Gretchen DiFante, County Highway Superintendent Tim Hens and City Director of Public Works Matt Worth.

If the process yields an agreement, the timeline for approval includes presentation to elected officials in each entity in June and approval by July.

"This was an approach that everyone bought into," Molino said. "Everyone is committed to a mutually beneficial agreement that benefits the towns and villages, the city and the county. Everyone bought into this and everyone was supportive of this process."

Click here for a PDF of the oversight committee document.

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One time when Shirley Taylor was pinstriping a man told her, "I've never seen anybody pinstriping like you before."

She knew the man wasn't being negative, but she still wasn't sure how to take the remark.

When the publisher of a UK-based hot rod magazine, "Pinstriping and Kustom Graphics," contacted her on Facebook and said she really liked her work, Taylor thought maybe she had found her own style that people like.

This month, Taylor is featured in that magazine, a bit of recognition only six years after she took up the art form.

"I always loved art, ever since I was a little kid," the Batavia resident said. "I’ve always loved painting and drawing, but I never knew about pinstriping until six years ago and I was first introduced to it. I never knew it existed."

Pinstriping is the art of creating designs using thin, precise lines, usually as decoration on objects. The art form is tied closely to hot rods and motorcycles, but pinstripers will also paint on sheets of metal and just about any object that might be of interest. Taylor's mailbox, for example, is pinstriped, and her collection of work includes Christmas tree ornaments.

She got started while attending an annual hot-rodding event hosted by her brother and a pinstriper there offered her a lesson. She's been hooked ever since, she said. After she learned the basics, she started to develop her own style.

When she attends the Syracuse Nationals this year, it will be her fourth year participating, painting panels along with pinstripers from all over the world. She said all of the items painted are auctioned off with the proceeds being donated to the Ronald McDonald House. Over the three days, she said, on average, they raise $75,000.

Last year was her first trip to a panel jam (a group of pinstripe artists gathering to paint) in Cleveland and she's been invited to an event in Chicago this year.

"It's a good community of people who come from all over the world for panel jams," she said.

Taylor's work can be found on her Facebook page.

Update, 11 a.m., Feb. 8:

Contacted by The Batavian this morning, Robert Chiarmonte, Mall Merchants Association board chairperson, would not comment on Tuesday's meeting.

"I've been advised by counsel (attorney) to not speak about the negotiations," Chairmonte said.

He did say that another meeting is planned and it will be "soon."

City Centre business owners and managers met Tuesday afternoon with Mall Merchants Association leadership and attorneys to learn the details of a proposal to end a 10-year dispute with the City of Batavia over the condition of the structure's roof.

A person close to the negotiations said a mediator had been called in to facilitate an out-of-court settlement over who is responsible for the maintenance of the mall's leaky roof.

City Manager Jason Molino said the two sides "continue to work toward a mutual agreement, with ongoing discussions" focused on settling the issue "outside of court, if possible."

A Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

Marlek Holmes is facing the possibility of four different jury trials on Grand Jury indictments containing 30 counts of various sex offenses, District Attorney Lawrence Friedman said in County Court today.

There are six Grand Jury indictments, with two being incorporated into other indictments to create the possibility of four different trials on each set of charges.

"I haven't even thought about that yet," Friedman said when County Court Judge Charles Zambito asked him which case he will go forward with first if the 42-year-old Holmes doesn't accept a plea offer.

Friedman also revealed he hasn't even decided yet on what offer he might hand over to the attorney for Holmes, Gerard Roux.

A plea offer will be put into writing in the next few days, Friedman said, but Roux is about to leave on out-of-town travel so Holmes won't be back in court until 1:30 p.m., March 1.

At that time, Holmes will either be able to accept the plea offer or the first case will be set for trial.

If Holmes goes to trial and he is convicted, the registered sex offender is facing a potential sentence of life in prison.

The counts against Holmes include two Class A felonies in the last indictment -- predatory sexual assault and predatory sexual assault against a child -- Holmes could be sent to prison for the rest of his life.

In all, Holmes is charged with 11 counts related to alleged sex crimes between 2010 and 2015, plus there are also charges still pending stemming from two prior incidents where Holmes allegedly failed to register his correct street address as a registered sex offender.

Also in court today, also represented by Roux, was Marquis Saddler. The 26-year-old Saddler is facing felony burglary and assault charges for his alleged role in a home invasion attack in October on residents on Central Avenue, Batavia. Saddler's case was also continued until March 1 with the expectation that Friedman will have a plea offer ready before then for the consideration of Saddler and his attorney.

GLOW YMCA’s is kicking off its annual Strong Communities Campaign.

Part of the Y’s charitable mission is the philosophy that we never turn away someone with an inability to pay for membership or programs. To that end, we raise funds annually through the Strong Communities Campaign to help subsidize scholarships for youths, teens, adults, families and seniors in our community.

• This year’s campaign runs from Feb. 1st  – March 31st; 
• Our goal is to raise $36,000;
• We want to positively impact at least 700 people’s lives in the Greater Genesee Community;
• Reaching our goal will insure that children and families regardless of their socioeconomic status will have the chance to benefit from the important lessons of caring, honesty, respect and responsibility through YMCA programs and services.

We need your help! Please consider a gift to support us in achieving this goal and making our community stronger for all. To make a gift, contact Jeff Townsend, associate executive director at (585) 344-1664.

A person was reportedly attacked by a dog on State Street in the city and has multiple bite wounds. Police and Mercy medics are responding to 160 State St., lower apartment. The dog is now confined.

UPDATE 12:24 p.m.: An animal control officer is on scene and working to determine the status of the dog that bit a man. The dog is in the basement of the building where it lives. It is an older golden retriever/Labrador retriever mixed breed. It was playing inside with a newly acquired puppy that is a boxer mixed breed. The couple who owns both dogs was at home. The animal control officer said he was told the dogs have not been getting along well. Their play began to get aggressive and there was growling. The male resident tried to break up what became a dog fight and was subsequently bitten by the older dog, said the animal control officer. The man suffered bites on an arm and a leg, which will likely need stitches, and he was transported to UMMC.

Batavia High School senior Lexi Wahr took First Place in the individual routine competition this weekend at the Empire Cheer Competition. She competed against 15 other cheerleaders and had the highest all-around score. The individual routine is judged on jumps, dance and cheer.

Info and photo submitted.

Both sides have agreed to drop their lawsuits against each other in the years-long battle over who is responsible for the condition of the roof over City Centre, City Manager Jason Molino told WBTA this afternoon.

The City Centre Mall Merchants Association is scheduled to meet tomorrow to discuss a proposed settlement, according to a document acquired by WBTA.

The agreement will include an out-of-court settlement, Molino said, but he declined to reveal when the settlement will be made public.

The merchants have long maintained that the city is responsible for repairing the mall's leaky roof while the city has asserted that the mall association failed to keep up with routine maintenance. 

Via The Batavian's news partner, WBTA.

Matthew Derrick will be released from jail today, likely to receive credit for time served, and not have to return if he can stay out of trouble.

At a lengthy hearing today, Derrick, whose case was delayed Dec. 7 so he could be evaluated for the mental competency to understand court proceedings, entered a guilty plea to attempted criminal possession of a weapon, 3rd.

As part of the plea deal, Derrick is eligible for what's called a shock probation sentence, which means no more than six months in jail and five years probation, instead of the 1-4 year prison term Derrick would face if he took the case to trial.

The charge stems from an incident in October when Derrick threatened people with a corkscrew, and made statements about cutting them open and killing them.

One witness, according to District Attorney Lawrence Friedman, said Derrick had a knife, and while a corkscrew was recovered from the scene, no knife was found at the time of Derrick's arrest.

Derrick entered his plea under terms known as an Alford plea. In other words, Derrick did not admit to the facts of the case, just that the evidence was sufficient that he faced a high probability of being found guilty by a jury.

The likely sentence for Derrick, Judge Charles Zambito indicated, is four months, if Derrick stays out of trouble while under supervision of Genesee Justice; however, since Derrick has already been in jail for just two days shy of four months, Friedman agreed to modify to plea deal to subtract those two days from the sentence.

When Derrick last appeared in court, he seemed not to understand the court proceedings and Lisa Kroemer, with the public defender's office, explained the proceedings to him.  Then interim Judge Micheal Pietruszka expressed concern about Derrick's ability to understand his instructions. He ordered Derrick to undergo a mental competency evaluation.

Two doctors examined Derrick and both found him mentally competent enough to understand the proceedings. Zambito accepted the report after both Friedman and Kroemer waived a hearing on the topic.

In court today, Derrick answered most of Zambito's questions promptly, with a clear, "Yes, your honor." He expressed confusion about a couple of points but quickly said he understood once the issues were rephrased. Zambito was very careful throughout the proceeding to ensure Derrick understood exactly what he was agreeing to and what rights, such as the right to appeal, he was waiving.

There was discussion about how to handle three orders of protection. One or more of the people covered by the orders live in the same apartment building as Derrick and his wife. Derrick will live with his grandmother in Le Roy until suitable language for the orders is worked out.