MATTER OF LAIRD v. ALL PRO AIR DELIVERY, INC.


45 A.D.3d 924 (2007)

845 N.Y.S.2d 493

In the Matter of the Claim of BARBARA LAIRD, Claimant, v. ALL PRO AIR DELIVERY, INC., et al., Respondents, and PROGRAM RISK MANAGEMENT CLAIM SERVICES, INC., as Successor Administrator of TEAM TRANSPORTATION WORKERS' COMPENSATION TRUST, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 1, 2007.


Crew III, J.P.

In November 1998, decedent sustained certain injuries in a work-related accident that ultimately resulted in his death. After claimant, decedent's widow, filed a claim for workers' compensation death benefits, an issue arose as to whether the employer was insured by its group self-insurance carrier, Team Transportation Workers' Compensation Trust (hereinafter the carrier), on the date of the accident. Specifically, the carrier asserted that the employer...

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