LOIS Takes Charge in Complex Coverage Case, Implicates Numerous Parties, Achieves Due Process Win on Appeal

LOIS Senior Associates Meisha Powell and Addison O’Donnell obtained a victory in a New York Workers’ Compensation claim pertaining to conflicts-of-interest, coverage, and due process violations. The underlying claim pertained to a complex coverage issue as to the job location, potential employers on the jobsite, and whether an accident indeed occurred. At the trial, prior counsel alleged a conflict-of-interest with regard to representing the Carrier. Nevertheless, the Law Judge then established the case to multiple sites of injuries and found that liability rested with the Carrier, despite the Carrier’s policy not insuring the jobsite and the specifically named employer. Attorneys Powell and O’Donnell successfully argued on appeal that the Law Judge’s adjudication of the case warranted a total rescission of the decision with the placement of additional parties to determine coverage and compensability. In their argument, Powell and O’Donnell highlighted the many inconsistencies in the Claimant’s testimony, including the Claimant’s job duties, who the Claimant worked for, and whether proper notice was given. The arguments indicated that there were at least 65 parties of interest that needed to be included so as to adhere to due process. The arguments on appeal compelled the Board Panel to rescind the entire decision – including on the issue of compensability. The Board Panel also noted that the Law Judge erroneously found that a similarly named employer meant that the Carrier was liable. The Board Panel also found that the Carrier’s witness was improperly precluded, as it was disclosed more than two months prior to the scheduled trial date that the Carrier’s witness was on vacation on that scheduled date. Zealous advocacy, along with succinct arguments and keen knowledge of the nuances of coverage, resulted in this win for the client.