Weber Gallagher Simpson Stapleton Fires & Newby LLP

August 01, 2006 : Richard K. Tavani Prevails In Workers' Compensation Trial

Richard K. Tavani, partner in the Cherry Hill office of Weber Gallagher Simpson Stapleton Fires & Newby LLP, recently prevailed in a trial before Judge Cosmo A. Giovinazzi, Supervising Judge of Compensation in Atlantic City, on behalf of Mr. Tavani’s client, the Injured Workers Insurance Fund (IWIF) of the State of Maryland, which insured DiFabrizio Trucking. 

In Hector Arroyo v. DiFabrizio Trucking, the petitioner was injured in the course and scope of his employment while working for DiFabrizo Trucking in New Jersey.  At that time, DiFabrizio Trucking, which had started the business in Maryland, was engaged in trucking operations only in New Jersey . Arroyo was hired by DiFabrizio in New Jersey.  DiFabrizio had obtained a workers compensation insurance policy from the IWIF in Maryland. The policy did not cover those employees of DiFabrizo who were based in New Jersey.  Mr. Tavani’s client disclaimed coverage since it maintained that it did not provide DiFabrizio with coverage in New Jersey, although its policy provided that it would pay the defense costs for an insured even where there was no coverage for the claim under the policy.

Six witnesses, including the general legal counsel for Mr. Tavani’s client, testified.  It was held that IWIF had no obligation to pay workers’ compensation benefits to the petitioner since there was no coverage for the claim.  The Judge also decided that the petitioner was an employee of 84 Lumber, for which DiFabrizio did all their work.