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  • 1.  Workers Comp Audits

    Posted 07-11-2018 05:16 PM
    Workers comp audits and arguing the case that my client should not be charged additional premiums when the contractor has elected not to have workers comp. insurance. Despite the fact that these contractors are corporations, partnership or LLC who are not required to have workers compensation insurance if it is one or two person corporation with only the shareholders officers receiving payroll , The State Insurance Fund has continuously argued that these contractors be part of the premium base. Has anyone been able to argue to the contrary and does anyone have any suggestions to mitigate the premium base when this occurs?

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    Ronald Seroda
    RONALD SERODA PC
    Dix Hills NY
    Seroda
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  • 2.  RE: Workers Comp Audits

    Silver Most Valuable Member
    Posted 07-12-2018 07:44 AM
    I just finished a wormens comp audit in which a labor lawyer was with me, unfortunately non employees that have no workmens comp. insurance, must be covered by your clients policy, in case he get hurt on your job.
    The lawyer confirmed.
    Ken

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    Kenneth Zweibel
    KENNETH J. ZWEIBEL, CPA PC
    East Northport NY
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  • 3.  RE: Workers Comp Audits

    Bronze Most Valuable Member
    Posted 07-13-2018 06:28 AM
    I have successfully argued these upon the correct fact pattern. It is far more difficult to do so under one of the Fair Play Acts regarding construction or trucking. A B2B contractor between entities mandating WC coverage and ongoing proof of insurance is an important element.  Finally, these WC carrier audits clearly have broader implications.   The WC standards are inconsistent with DOL's application of the integral services docttime.  B

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    Ruth B. Kraft, Esq.
    Partner, Employment Law
    Vigorito, Barker, Patterson, Nichols & Porter, LLP
    300 Garden City Plaza
    Garden City, New York 11530
    Ruth.Kraft@vbpplaw.com
    516-282-3355
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