Carrier Not Entitled to Further Develop Record on Lack-of-Coverage Defense

A New York appellate court ruled that a carrier was not entitled to an opportunity to develop the record as to its lack-of-coverage defense. Case: Matter of Romero v. Capital Concrete, No. 535832, 11/09/2023, published. Facts: Tunin Romero worked as a carpenter. He sustained injuries when he tripped and fell while working at a construction site in June 2021. Procedural history: Romero filed a workers’ compensation claim, naming Capital Concrete as his employer. Accredited Surety and Casualty Co. was then put on notice of the claim. Neither Capital nor Accredited filed a report o...