Carrier's Failure to File Prehearing Statement of Issues Barred Fraud Defense

A New York appellate court ruled that an insurance carrier’s failure to file a prehearing conference statement barred it from raising a fraud defense to an injured worker’s claim. Case: Matter of Cerobski v. Structural Preservation Systems, No. 526402, 01/17/2019, published. Facts and procedural history: Marek Cerobski worked for Structural Preservation Systems as a bricklayer. He filed a workers’ compensation claim in 2015, asserting he had suffered injuries after being hit by a cart. Neither SPS nor its insurance carrier filed a prehearing conference statement. At t...