LOIS Associate Kristine Rosales and LOIS Paralegal Andrea Hayles successfully secured a discharge and removal from notice in a New York Workers’ Compensation claim. The claim involved a construction worker who alleged multiple-site injuries on the date of the accident. Three Carriers were alleged as potentially liable. The matter was scheduled on three consecutive hearing dates for trial. The Claimant testified that he worked at the alleged jobsite and was injured. He named Employer A as the company that supervised and controlled him at the jobsite. He thereafter identified Employer B as the company that paid him wages. Employer B then presented a witness, who confirmed that if the paycheck reflected the company name, then the employee who was listed on the check worked for the company. Employer A presented a witness who confirmed that the project was subcontracted to Employer C, the company represented by Attorney Rosales. Attorney Rosales presented an employer-witness, who confirmed that the project was subcontracted to Employer B, which is supported by the paystubs that were uploaded to the Board File.
During oral arguments, Employer B maintained that there is general-special employment with the employer represented by Attorney Rosales. Attorney Rosales countered and directed the attention of the Law Judge to the fact that the Claimant identified a different employer that controlled and supervised him at the jobsite, and her represented insured did not issue a paystub. On those grounds, Attorney Rosales moved for discharge and removal. The Law Judge upheld the position of Attorney Rosales and discharged and removed the employer and Carrier that she represented. He agreed that all the evidence pointed out to Employer B being the liable employer. As a result of the favorable outcome, the Carrier represented by Attorney Rosales is not liable for any incurred bills or any indemnity benefits related to the claim.
