Smith v. Denross Contracting, U.S., Inc.

BRYANT, Judge.

Where the New York State Insurance Fund accepted premium payments calculated by the Fund to provide workers’ compensation liability insurance to employees of DenRoss Contracting, U.S., Inc., working in North Carolina with knowledge that DenRoss maintained only clerical staff in New York State, the Fund is estopped to deny coverage for plaintiff’s compensable injuries on the basis of quasiestoppel. Where the record indicates that the New York State Insurance Fund filed a denial of plaintiff’s claim within thirty-days of notice of claim from the Commission, we reverse the…