TT&H Attorney Burke McLemore Prevails on Appeal in Workers’ Compensation Coverage Dispute

TT&H’s Burke McLemore recently prevailed on appeal in a complex workers’ compensation coverage dispute.  The claim involved serious, permanent injuries to an employee of a cable installer. TT&H represented the carrier which had previously provided workers’ compensation coverage.  Carrier was alleged to have provided coverage for the cable installer, but carrier replied that coverage lapsed days before the injury.  When a petition was filed against the installer the installer joined the cable TV company with which it had a contract to install cables under a “statutory employer” theory.

The issues in the litigation were whether the carrier was required to notify the insured that its policy was going to expire (as opposed to notifying the insurance agent); and whether the carrier’s coverage was invoked (despite expiration of the policy) when, at the request of the cable installer, the agent issued a Certificate of Insurance, which was then transmitted to the cable TV company with which the cable installer had a contract.  The cable TV company claimed ‘detrimental reliance’ on the certificate of insurance and that the carrier was estopped from denying coverage.

Rejecting claims that the claimant was an ‘independent contractor’ the WCJ found that despite lack of notice to the cable installer of expiration of the policy, estoppel did not apply; further holding that since the installer was without coverage, the cable TV company was the statutory employer of the claimant.

Questions on this case can be directed to Burke McLemore at 717.255.7627 or bmclemore@tthlaw.com.