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Chartwell partners Marissa Huber and Nicholas Switach obtained a major appellate victory in a coverage dispute before the New York Workers’ Compensation Board. The case involved a claimant who alleged a left arm injury while working on a roofing project at LaGuardia Airport, with the claim originally established against our client’s Carrier in 2022.
When Chartwell took over the defense in January 2024, we identified a critical coverage issue that had been previously overlooked. The job site was covered under an Owner-Controlled Insurance Program (OCIP) policy issued by a different Carrier. Prior defense counsel had failed to attend the hearing where the claim was established and later filed a late appeal, which the Board Panel declined to address - leaving liability in place against our client’s Carrier.
Despite presenting new evidence - a policy enrollment letter confirming the employer’s coverage under the OCIP policy - the trial judge refused to allow record development on the issue and relied heavily on the prior Board Panel decision. Chartwell persisted and filed a new appeal, arguing that the newly discovered evidence required a proper review of coverage.
On March 7, 2025, the Board Panel ruled in our favor, rescinding the original 2022 decision that had established liability against our Carrier and mandating that the record be fully developed on the issue of proper coverage. Given the clear concession from the other Carrier via the enrollment letter, we anticipate that they will accept liability once the case is returned for further proceedings.
This significant win potentially saves our client over $60,000 in indemnity payments and extensive medical costs dating back to 2022, while also opening the door for full reimbursement from the correct Carrier.
Another outstanding result from Marissa Huber and Nicholas Switach!
