New York: Insurance Carrier’s Notice of Cancellation Found Sufficient Under Statute

Where a workers’ compensation carrier produced a letter dated January 15, 2014, providing notice of cancellation of the policy to the employer effective January 31, 2014, and additional evidence obtained from the USPS established that the letter had been sent via certified mail, return receipt requested, and that the letter was accepted by the owner and president of the employer on January 25, 2014, it was error for the Board to find the cancellation had been defectively communicated. The appellate court indicated that, considering the record as a whole, there was uncontroverted evidence that the mailed item had been correctly addressed and sent to the employer by certified mail, return receipt requested, all in accordance with N.Y. Workers’ Comp. Law § 54[5].

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of the Claim of Osorio v. M & L Express, Inc., 2017 N.Y. App. Div. LEXIS 7702  (3rd Dept., Nov. 2, 2017)

See generally Larson’s Workers’ Compensation Law, § 150.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law