On October 21, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Rashbi Management, Inc.,
and
Diamond Hill Nursing And Rehabilitation Center Nka Collar City Nursing And Rehabilitation Center,
Oriska Insurance Company,
for Other Matters - Workers Comp App for Judgment
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 03/17/2023 10:26 AM INDEX NO. 908063-22
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 03/17/2023
STATE OF NEW YORK
WORKERSʹ COMPENSATION BOARD
PO BOX 5205
BINGHAMTON, NY 13902‐5205
www.wcb.ny.gov
Clarissa M. Rodriguez
Chair (877) 632‐4996
State of New York ‐ Workersʹ Compensation Board
In regard to Oriska Insurance, WCB Case #G2731970
NOTICE OF
RESERVED DECISION
keep for your records
Chief JudgeMadeline Pantzer made the following decision, findings and directions:
The parties in this case have submitted a stipulation settling this claim. The stipulation is included in this
decision and found acceptable. The stipulation provides in large part as follows:
Oriska maintained valid insurance coverage for the twenty‐four employers as reflected in the coverage
records attached to the Stipulation. The last day of coverage differs but all were ended no later than January
1, 2019.
As coverage is not an issue for any of the claims arising for these employers under these policies during the
period the policies were active the penalty has reviewed by the Compliance Office at the Workersʹ
Compensation Board. Mitigating factors were found and the penalty has been reduced to $35,000.00
inclusive of the 13,300.00 previously levied. This is in full settlement of the outstanding penalties for this
insurer involving these employers. Oriska remains responsible for any ongoing claims on these policies and
will pay the penalty within 120 days.
I further find that Oriska maintained valid coverage for these twenty‐four employers throughout the period
of their policies. They remain responsible for all claims that arose during the policy periods.
I find any attempts to terminate any of these policies prior to the final coverage dates attached to the
stipulation are not in compliance with Section 54(5) of the WCL. 54(5) requires proper notice to terminate a
policy. ʺ[S]trict compliance with Workersʹ Compensation Law § 54(5) is required for the effective
cancellation of an insurance policy (see Matter of Cruz v New Millennium Constr. & Restoration Corp., 17
AD3d 19 [2005]; Matter of Rue v Northeast Timber Erectors, 289 AD2d 787 [2001], lv dismissed 98 NY2d 671
[2002], lv denied 99 NY2d 503 [2002]). In accordance with Workersʹ Compensation Law § 54(5), a notice of
cancellation must be filed with the Board and served on the employer. The notice must contain a specified
date of cancellation, which date must be at least 10 days after the notice is filed and served if the cancellation
is for nonpayment of premiums, or at least 30 days after the notice is filed and served if the cancellation is
for any other reason (see Workersʹ Compensation Law § 54[5])ʺ (Matter of Vasquez v Ranferi Constr. Corp.,
40 AD3d 1175 [2007]). There is no evidence that such notice was provided in any of the contracts at issue
here. Any attempt to serve notice of cancellation by Oriska was not timely.
WCB No.‐ Case G2731970 Employer‐ Somers Central School District
District Office‐ Albany Carrier‐ Oriska Insurance
Date of Filing of this Decision‐ 8/31/2020
ATENCION:
Puede llamar a la oficina de la Junta de Compensacion Obrera, en su area correspondiente, cuyo numero de telefono aparece al
principio de la pagina y pida informacion acerca de su reclamacion(caso).
EC‐23 (4/98) Page 1
FILED: ALBANY COUNTY CLERK 03/17/2023 10:26 AM INDEX NO. 908063-22
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 03/17/2023
Copies To: Case #G2731970
Carrier:lo Oriska Insurance
Other:
Frank Policelli, Esq.
10 Steuben Park Utica, New York 13501
frankpolicelli@centralny.twcbc.com
Daniel Hitzke, Esq.
Hitzke & Ferran, LLP
100 Oceangate, Suite 1100 Long Beach, CA 90802
daniel.hitzke@hitzkelaw.com
Ira S. Lipsius, Esq.
Lipsius-Benhaim Law LLP
80-02 Kew Gardens Road Suite 1030 Kew Gardens, NY 11415
iral@lipsiuslaw.com
Christopher E. Buckey, Esq. Cullen and Dykman LLP
80 State Street, Suite 900 Albany, New York 12207
cbuckey@cullenllp.com
Michael Papa, Esq.
Workers’ Compensation Board
328 State Street, Schenectady NY 12305
michael.papa@wcb.ny.gov
FILED: ALBANY COUNTY CLERK 03/17/2023 10:26 AM INDEX NO. 908063-22
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 03/17/2023
Document Filed Date
March 17, 2023
Case Filing Date
October 21, 2022
Category
Other Matters - Workers Comp App for Judgment
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FILED: ALBANY COUNTY CLERK 03/17/2023 10:26 AM INDEX NO. 908063-22 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 03/17/2023 STATE OF NEW YORK WORKERSʹ COMPENSATION BOARD PO BOX 5205 BINGHAMTON, NY 13902‐5205 www.wcb.ny.gov Clarissa M. Rodriguez Chair (877) 632‐4996 State of New York ‐ Workersʹ Compensation Board In regard to Oriska Insurance, WCB Case #G2731970 NOTICE OF RESERVED DECISION keep for your records Chief JudgeMadeline Pantzer made the following decision, findings and directions: The parties in this case have submitted a stipulation settling this claim. The stipulation is included in this decision and found acceptable. The stipulation provides in large part as follows: Oriska maintained valid insurance coverage for the twenty‐four employers as reflected in the coverage records attached to the Stipulation. The last day of coverage differs but all were ended no later than January 1, 2019. As coverage is not an issue for any of the claims arising for these employers under these policies during the period the policies were active the penalty has reviewed by the Compliance Office at the Workersʹ Compensation Board. Mitigating factors were found and the penalty has been reduced to $35,000.00 inclusive of the 13,300.00 previously levied. This is in full settlement of the outstanding penalties for this insurer involving these employers. Oriska remains responsible for any ongoing claims on these policies and will pay the penalty within 120 days. I further find that Oriska maintained valid coverage for these twenty‐four employers throughout the period of their policies. They remain responsible for all claims that arose during the policy periods. I find any attempts to terminate any of these policies prior to the final coverage dates attached to the stipulation are not in compliance with Section 54(5) of the WCL. 54(5) requires proper notice to terminate a policy. ʺ[S]trict compliance with Workersʹ Compensation Law § 54(5) is required for the effective cancellation of an insurance policy (see Matter of Cruz v New Millennium Constr. & Restoration Corp., 17 AD3d 19 [2005]; Matter of Rue v Northeast Timber Erectors, 289 AD2d 787 [2001], lv dismissed 98 NY2d 671 [2002], lv denied 99 NY2d 503 [2002]). In accordance with Workersʹ Compensation Law § 54(5), a notice of cancellation must be filed with the Board and served on the employer. The notice must contain a specified date of cancellation, which date must be at least 10 days after the notice is filed and served if the cancellation is for nonpayment of premiums, or at least 30 days after the notice is filed and served if the cancellation is for any other reason (see Workersʹ Compensation Law § 54[5])ʺ (Matter of Vasquez v Ranferi Constr. Corp., 40 AD3d 1175 [2007]). There is no evidence that such notice was provided in any of the contracts at issue here. Any attempt to serve notice of cancellation by Oriska was not timely. WCB No.‐ Case G2731970 Employer‐ Somers Central School District District Office‐ Albany Carrier‐ Oriska Insurance Date of Filing of this Decision‐ 8/31/2020 ATENCION: Puede llamar a la oficina de la Junta de Compensacion Obrera, en su area correspondiente, cuyo numero de telefono aparece al principio de la pagina y pida informacion acerca de su reclamacion(caso). EC‐23 (4/98) Page 1 FILED: ALBANY COUNTY CLERK 03/17/2023 10:26 AM INDEX NO. 908063-22 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 03/17/2023 Copies To: Case #G2731970 Carrier:lo Oriska Insurance Other: Frank Policelli, Esq. 10 Steuben Park Utica, New York 13501 frankpolicelli@centralny.twcbc.com Daniel Hitzke, Esq. Hitzke & Ferran, LLP 100 Oceangate, Suite 1100 Long Beach, CA 90802 daniel.hitzke@hitzkelaw.com Ira S. Lipsius, Esq. Lipsius-Benhaim Law LLP 80-02 Kew Gardens Road Suite 1030 Kew Gardens, NY 11415 iral@lipsiuslaw.com Christopher E. Buckey, Esq. Cullen and Dykman LLP 80 State Street, Suite 900 Albany, New York 12207 cbuckey@cullenllp.com Michael Papa, Esq. Workers’ Compensation Board 328 State Street, Schenectady NY 12305 michael.papa@wcb.ny.gov FILED: ALBANY COUNTY CLERK 03/17/2023 10:26 AM INDEX NO. 908063-22 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 03/17/2023