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.com516-282-3355
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Original Message:
Sent: 07-12-2018 07:44
From: Kenneth Zweibel
Subject: Workers Comp Audits
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
Original Message:
Sent: 07-11-2018 17:15
From: Ronald Seroda
Subject: Workers Comp Audits
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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