Defending Against Darcon: The Policy Language is Controlling

In 2011, the Board Panel issued a decision in Employer: Darcon Construction (2011 NY Wrk comp G0223167), which contained one throwaway line that has been causing confusion at the hearing level ever since. In this case, a specific work site was covered by a wrap up policy. The Board Panel found that no discrete accident occurred at the work site, therefore, the proper carrier was the carrier of the general employer’s workers’ compensation policy. Wrap up policies refer to such owner or carrier controlled policies …

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