Successfully proved that a claimant was not an employee/special employee of our client, the employer.

We successfully defended a claim where a large cable provider (owner) hired a contractor to complete work at an out-of-state location, and various parts of the job were subcontracted to several different companies, one of which did not have New York workers’ compensation insurance coverage. The contested issues were whether the Board has subject matter jurisdiction over this claim, what company employed the claimant, and whether the claimant was a covered employee.

Appellate Division finds no reason to disturb employer’s experts’ qualifications, to not accept their testimony, and rejects claim that experts only offered net opinions. Appellate Division found that experts provided the reasons for their conclusions.

The pro se petitioner appealed from a workers’ compensation order finding that his injuries were not causally related to his employment. The petitioner filed two claims, both seeking medical and temporary benefits from the respondent.