LOIS Secures Removal from Notice in Construction Claim

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 driver who alleged he worked for the Carrier’s insured when he injured his left shoulder and left knee. At the outset, Attorney Rosales moved for discharge and removal from notice on the ground that the wrap-up policy has coverage over the jobsite. The Law Judge initially denied the request and proceeded with the testimonies of the witnesses.

After the testimonies were taken, Attorney Rosales reiterated her earlier motion for discharge and removal from notice based on the fact that the Claimant performed duties in the furtherance of the wrap-up project; thus, the wrap-up policy should be liable for the Workers’ Compensation claim. The Law Judge agreed with the position of Attorney Rosales, and thereafter, discharged and removed the Carrier from notice. As a result of the favorable outcome, the Carrier is not liable for any incurred bills or any indemnity benefits related to the claim.