Attachment 6 EDNY Hodge v Cuomo 21-cv-01421 Complaint

Case 1:21-cv-01421-NGG Case MDL No. 3011 Document 1 25-6 Filed 03/17/21 Filed 06/24/21 Page 116 Page of 116 154 of PageID 154 #: 372
addressed on November 30, 2014, and so notified to State Officer Masterson on
December 1, 2014. Intervention Pg. 131 Par 312.
658. Michael Papa and the General Counsel for the Workers' Compensation Board (“WCB”)
requested of DFS General Counsel Martha Lees, word that the policies issued to the
Employers were not in violation of law. Lees failed to and refused to issue the letter
interpreting the Order of the Superintendent of February 1, 2013. Intervention Pg. 131
Par 313.
659. The State DFS has refused to respond to WCB Officer Papa on the propriety of the
Policies, forcing the issue of termination of the policies to hearing before the WCB,
resulting in the decision by a WCB Judicial Officer. Intervention Pg. 132 Par 314.
660. Carrier Defendant, then proceeded to hearing before the WCB, at which there was a
ruling that the policies were fully enforceable. The WCB by Chief Appellant Judge of the
WCB Madeline Pantzer by Order of October 2020, has determined that the Policies
issued by Oriska Insurance to the Employers are fully proper, meeting all regulatory
requirements of the WCL, an issue that the Councils Office of the DFS has deferred to
the State Workers’ Compensation Board. Intervention Pg. 132 Par 315.
NYCIRB as an Arm of Government Agency DFS
661. Previous to this attempt by the Owner Operator Defendants and Party-in-Interest
Defendants to renounce obligations and liability on policies of the Carrier Defendant
protecting the employees members of the Class Plaintiff, General Counsel Lees of the
DFS was directly involved in a June 29, 2016 attempt to termination of the Carrier's
access to membership in NYCIRB for failure to pay the fines demanded, a membership
which is a necessary element of the Percy Program and the Alternative Employment
Practice.
662. Effective November 9, 1994 Carrier Defendant was admitted into membership in
NYCIRB and filing of the New York Retrospective Rating Plan Manual along with other
manuals and plans and amendments thereof adopted by NYCIRB and approved by the
NYSDOI was made by NYCIRB with the NYSDOI on behalf of Oriska pursuant to
Insurance Law § 2306.
663. In order for the Carrier Defendant to maintain membership in NYCIRB, a quasi-
Government Agency, data of coverage and claims was reported to NYCIRB. Much of this
data was rejected by NYCIRB when changes occurred as a result of litigation and
settlements that change the coverage and claims to a loss sensitive high deductible of the
Program, reducing premium and shifting the retention of claims to the Employers
identified in this lawsuit.
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