LOIS Senior Associate Kristine Rosales and LOIS Paralegal Andrea Hayles successfully secured a discharge and removal from notice for their client, Company A, in a New York Workers’ Compensation claim. The claim involved a welder, who alleged employment with Company A and submitted evidence including his photos in a Company A uniform, translated text messages with an alleged supervisor, Zelle payments, and sign-in sheets for Company A. During his testimony, claimant implicated two other employers, but stated he was unaware of their involvement. Claimant asserted he was hired by Company A and paid in cash. During cross-examination, Attorney Rosales obtained concessions that claimant’s interactions were primarily with an alleged supervisor, Mr. X, and foreman, Mr. Y, and that claimant neither completed employment paperwork nor received badges.
Attorney Rosales presented a witness from Company A, who confirmed that Company A had no direct employees at the job site and subcontracted all labor to Company B, and Company A only had six in-house staff on payroll, which did not include the claimant, the alleged supervisor, nor the alleged foreman. During oral arguments, Attorney Rosales directed the attention of the Law Judge to the contracts amongst Companies A, B, C, and D, payroll records, and invoices showing that Company A did not employ the claimant, and labor was fully subcontracted. The Law Judge upheld the position of Attorney Rosales and discharged and removed Company A and its Carrier from notice, and also identified Company D as the proper employer based on contractual evidence. As a result, Company A was absolved of liability for any incurred bills or indemnity benefits related to the claim.
