LOIS Associate Kristine Rosales and Paralegal Andrea Hayles secured a disallowance in a New York Workers’ Compensation construction case involving a Claimant who failed to establish employer-employee relationship. At trial, Attorney Rosales questioned the Claimant about his employment. The Claimant conceded that his only basis for stating that the company represented by Attorney Rosales is the vest worn by his supervisor bearing the company logo. When asked if the supervisor ever represented to the Claimant that he worked for subject employer, he conceded that he never had any discussion with the supervisor. He testified that he presented a false identification once when he got the job and he goes to the jobsite, being ushered in by the security guard. The Claimant conceded that the photos submitted were of the accident site. Attorney Rosales presented the employer-witness who confirmed that the company does not issue vests with a company logo. Moreover, the witness confirmed that the photos are not of the jobsite at bar. The Law Judge upheld the position of Attorney Rosales and ruled that the employer-witness’ testimony rebutted the Claimant’s allegations of employer-employee relationship. The Law Judge ruled that the Claimant was not even certain who his employer was, and the records did not support the fact that the claimant was at the jobsite. The Law Judge also gave weight to the photos and the floor plan submitted by the Carrier showing that the photos submitted by the Claimant does not match with the jobsite. The Law Judge disallowed the case in its entirety. 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.
Winning Results
LOIS Secures a Disallowance, Presents Floor Plan and Photos of Jobsite
