Winning Results

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 Information

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New York Workers’ Compensation Defense at Lois Law Firm

We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

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