Hearing: New York Workers’ Compensation Board
Administrative Law Judge: Hon. Seamus Murphy
Case Type: NY Workers’ Compensation Claim Petition
Caption: Osman Erkan v. Glen Brandsema, LLC
Case Number: G233 5846
Decision Date: August 5, 2021
Decision: Claim Petition Denied
One of the most challenging areas for defense counsel is litigating before the New York Workers’ Compensation Board. Workers’ Compensation judges often favor claimants knowing that a denial may leave the worker without recourse for medical treatment. These cases are highly fact-sensitive. So it is noteworthy when a petition for benefits is denied, which is precisely what PMT recently accomplished for our client, a pool designer.
In Erkan v. Camp Brandsema, LLC, the claimant injured his lower back while installing tile in a homeowner’s pool. PMT skillfully marshaled the facts to reveal the claimant was an independent contractor and not one of our client’s employees. She found the claimant had a separate business establishment, negotiated the cost of services with the homeowner, used his own tools and helper, set his hours for work, had other tiling jobs that did not involve our client and offered his services to the general public.
By developing the critical facts, PMT convinced the Administrative Law Judge that the claimant was an independent contractor and not our client’s employee and disallowed the petition.
At PMT, we are always on your side because we search for the critical facts that will lead to a decision in our clients’ favor. Let us do that for you.
Should you have any questions, please call our office at (914) 703-6300 or contact:
Jeffrey T. Miller, Executive Partner
Thomas M. Bona, Partner