Key Takeaway
Court rules that NF-2 form admission of employment status creates sufficient factual question to remit no-fault case to Workers Compensation Board for determination.
NF-2 Form Admissions Can Trigger Workers Compensation Review
The intersection between no-fault insurance and workers compensation coverage often creates complex jurisdictional questions. When an injured person files for no-fault benefits after a motor vehicle accident, insurance carriers must carefully examine whether the accident occurred during the course of employment, which could potentially shift coverage responsibility to workers compensation insurance.
The Appellate Term’s decision in Compas Med., P.C. v American Tr. Ins. Co demonstrates how statements made on standard no-fault application forms can have significant legal consequences. Under New York’s workers compensation primacy doctrine, workers compensation benefits take precedence over no-fault coverage when an accident occurs in the scope of employment.
This case highlights the importance of thorough documentation review in no-fault disputes. Insurance carriers routinely examine police reports and other evidence to determine if workers compensation defenses apply, but here the plaintiff’s own sworn statement became the key evidence.
Jason Tenenbaum’s Analysis:
Compas Med., P.C. v American Tr. Ins. Co., 2015 NY Slip Op 51675(U)(App. Term 2d Dept. 2015)
“Indeed, the application for no-fault benefits form, which was signed by plaintiff’s assignor under penalty of perjury, states that the assignor was in the course of his employment when he was injured, an admission that is sufficient to raise a question of fact as to whether the assignor was acting as an employee at the time of the accident.”
Key Takeaway
When completing NF-2 application forms, statements about employment status are made under penalty of perjury and can be used as evidence to establish workers compensation coverage questions. Even brief admissions about being “in the course of employment” during an accident may be sufficient for courts to remit cases to the Workers Compensation Board for proper determination of coverage primacy.
