Claim of Mejia v. Drake Group, LLC

I respectfully dissent. The uninsured employer alleged that there was no employment relationship with claimant, but refused to offer evidentiary proof to support this allegation and, thereafter, failed to exercise the right to seek review by the Workers’ Compensation Board pursuant to Workers’ Compensation Law § 23. As a result, this Court has a strictly limited power of review in this matter. Considering the circumstances, I find the denial of the employer’s application to rehear or reopen this claim “in the interest of justice” entirely proper and rational (12 NYCRR 300.14 [a] [3]), and I…