Trial Win: Security Guard Claim Not Eligible for 9/11 Presumptions of Compensability

This World Trade Center claim disallowed by the trial judge on October 23, 2018 as routine work duties of a security guard are not covered by Article 8-A. Disallowance affirmed by the Board Panel on January 3, 2019 as the application was defective based on our argument that the claimant’s work was not covered activity pursuant to Article 8-A, as he did not allege participating in rescue, clean-up, or recovery operations. We argued that the controlling case law, Matter of Summit Security Services, 2009 Wrk. Comp. LEXIS 12244 (WCB #00820031), stands for the proposition that the routine duties of a security guard do not covered by Article 8-A.
Case: NC v. HWA;
Court: Brooklyn
Lois Attorney: Timothy Kane, Esq.

Defending Employers in New York, New Jersey, and Longshore.