WINNING RESULTS: LOIS Secures a Disallowance in a Complex Claim Case

LOIS Associate Kristine Rosales, Esq., CLMP and LOIS Paralegal Andrea Hayles secured a disallowance in a New York Workers’ Compensation case against a Claimant who failed to establish employer-employee relationship, despite having nearly two years to identify his proper employer. This case implicated a total of six employers and carriers. During trial, Attorney Rosales extensively cross-examined the Claimant, who testified to inconsistent accident histories and lack of knowledge as to who his employer was. The Claimant listed three different employers in his Employee Claim Form C-3. However, when he testified, he did not identify the employer represented by Attorney Rosales. When questioned as to who Claimant gave notice of the accident to, Claimant identified a person who was not associated with the employer. When pressed for the name of the alleged supervisor, the Claimant could only provide a nickname. Attorney Rosales had the Claimant concede to not knowing the name of the company where he was employed, including the names of the witnesses who worked at the accident site. She also presented a witness who credibly testified that his company only transported soil, concrete and brick, and did not hire any worker to do the job allegedly performed by the Claimant. The Law Judge disallowed the claim, as the Claimant’s testimony was entirely lacking in credibility and held that, based on the evidence on record, he did not believe the Claimant suffered an accident arising out of or in the course of employment. As a result of this favorable outcome, the Carrier is not liable for any incurred bills or any indemnity benefits associated with the disallowed claim.