LOIS Secures a Disallowance of Construction Claim

LOIS Associate Kristine Rosales and Paralegal Andrea Hayles secured a win in a New York Workers’ Compensation construction case involving a Claimant who failed to establish that an accident, in fact, occurred. During trial, Attorney Rosales obtained favorable concessions on cross-examination from the Claimant, who did not remember who his employer was. When pressed as to who supplied him the employer’s name listed on the Form C-3, the Claimant said that it was supplied to him by the employer. When Attorney Rosales presented the supervisor named by the Claimant, the supervisor confirmed that he did not hire the Claimant, and that the Claimant never actually worked at the jobsite that he supervised. While the supervisor confirmed that he had communication with the Claimant to deploy him for work, the Claimant was not able to work because he was injured from a different accident on a different jobsite. Attorney Rosales also presented the foreman, who confirmed that on the date of the Claimant’s accident, they operated business at a different jobsite than the one alleged. The Law Judge disallowed the claim based on the strength of the arguments. As a result of this favorable outcome, the Carrier is not liable for any incurred bills or any indemnity benefits associated with the disallowed claim.