Carrier Waives Defenses to Claim by Failing to Timely Serve Prehearing Statement

A New York appellate court ruled that a carrier waived its defenses to a worker’s claim by failing to timely serve his attorney with its prehearing statement. Case: Matter of McDonell v. CJ Banach Inc., No. CV-25-0750, 10/29/2026, published. Facts and procedural history: Jason McDonell worked for CJ Banach Inc. He slipped and fell while at work in December 2023. After Banach contested the claim, the Workers’ Compensation Board issued a notice of prehearing conference. McDonell’s counsel filed a prehearing conference statement 10 days before the scheduled conference and se...