LOIS Receives Discharge and Removal Order for Improper Employer

LOIS Partner Joseph Melchionne obtained an order to be discharged and removed from notice in a New York Workers’ Compensation case. The Claimant alleged that he was injured while working in construction at a jobsite in Yonkers, New York, when he fell from a ladder. Five other potential employers were added to the claim, and protracted litigation regarding employer-employee relationship ensued. At the most recent trial, Melchionne argued that despite the fact that another subcontractor and its carrier were attempting to produce a witness, that carrier had also waived its right to do so at a prior hearing. The Law Judge agreed with Melchionne, precluded the other carrier’s witness, and directed that the Claimant’s testimony be taken. Following the testimony, Melchionne argued that the Law Judge could render a decision regarding proper employer and carrier. Melchionne argued that the policy that was placed on notice for his client was a carrier with a New Jersey policy, which did not cover the employer with respect to this New York accident. Melchionne then argued that pursuant to the documentary and testimonial evidence produced to the record, the Claimant noted on his Employee Claim Form that his employer was the general contractor and that the Claimant testified that he was paid by representatives who told him that they worked for a different subcontractor altogether. Melchionne further argued that the Claimant testified that he completed a sign-in sheet on the date of the accident as an employee of another subcontractor. The Law Judge was persuaded by Melchionne’s arguments and discharged the carrier and employer, obviating further development of the record on medical issues and eliminating the client’s exposure.