Lois Law Firm successfully challenged and won on a coverage argument that seldomly comes before the Board. Attorney, Meisha Powell was able to bring attention to the file very early on in the case, that there was a possible coverage issue, involving a “leased employee” who was injured on a site covered by our client’s wrap-up (OCIP) policy. The claimant in this case suffered injury to the back, leg, and ankle when he slipped and fell at the jobsite. Prompted by the claimant’s own prehearing conference statement, which listed a PEO company as an “interested party” to this litigation, attorney Powell asked that the Carrier for the PEO be placed on notice. She argued that the claimant may be a leased employee and based on our knowledge of a previous case we were successful in defending against coverage, we requested development on the record on this coverage issue. The Carrier for the PEO was placed on notice, and at a subsequent hearing vehemently denied coverage for the claim, arguing that the wrap up policy must cover the claim! At that hearing, the Law Judge directed all policies to be submitted to the file, a memo of law from both parties on the issue of coverage, and case law supporting said argument(s).
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