Great Health Care Chiropractic, P.C. v Lancer Ins. Co., 2014 NY Slip Op 50340(U)
All that is required is: “[a] triable issue as to whether plaintiff’s assignor had been acting in the course of his employment at the time of the accident and that, therefore, workers’ compensation benefits might be available.”
A triable issue of fact is all that is needed to kick a WC case to the board.
Also, note that the opinion again places this Court more in line with the Appellate Division which has usually held that a certificate of conformity is well plainly not needed.