LOIS Obtains Contribution from Uninsured Employers Fund on Appeal

LOIS Attorney Addison O’Donnell secured a victory for his client by winning contribution from the Uninsured Employer’s Fund in a result that reduced the client’s exposure significantly.

Before the case came to LOIS, four laborious trials had been conducted on the issues of coverage and employer-employee relationship. The trials involved several inaccurate language translators and the discovery of numerous real estate shell corporations as a result of the Claimant’s testimony. The Uninsured Employers’ Fund (UEF) continued to assert that it did not cover the claim, as its uninsured real estate shell corporation did not employ the Claimant. The Law Judge ultimately ruled that the UEF should be discharged and decided that the Carrier that covered an unrelated Mexican restaurant was liable.

Then, that Carrier called on LOIS to turn things around.

Appellate Attorney Addison O’Donnell was up for the challenge. He On appeal, Addison O’Donnell untangled the convoluted facts and fashioned a narrative as to argue that the client could not logically be held liable: the Claimant, a maintenance worker, testified that he was an employee for a Mexican restaurant in the Lower East Side but also alleged injury while working in a residential building under construction in SoHo. Addison conveyed in his appeal that the record factually supported that the proper employer was the uninsured real estate corporation in SoHo and not the humble Mexican restaurant.

The Board Panel acknowledged that the record was regrettably and improperly developed, agreeing that the Carrier for the Mexican restaurant could not be held entirely liable based on the totality of the circumstances. The Board Panel then took the rare and unusual step in impugning 60% liability on the Fund. Addison was able to convince the Board Panel that The UEF could not ignore its liability based on the mere fact that the real estate shell corporation factually employed the Claimant. His arguments left the Board Panel with no other choice but to render a Solomonic decision.

LOIS attorneys pride themselves to defend from day one as to ensure that their clients are on the right path from the start. But if Carriers need a problematic case to be put back on track, LOIS attorneys like Addison are able to respond to the call, put up a fight, and help their clients make a comeback.