ADDITIONAL CASES Hainesport Transportation Group LLC, Third-Party Plaintiff v. Doing it Right Technologies LLC, DJM Transport, LLC, RTL Industries LLC, Third-Party Defendants MEMORANDUM AND ORDER Under 28 U.S.C. §1445(c), a civil action “arising under the workmen’s compensation laws” of a state may not be removed to federal court. This case presents a question of first impression: whether an insurer’s claims seeking to recover unpaid worker’s compensation premiums from an employer under New York common law are claims “arising under the workmen’s compensation laws” of New York. 28 U.S.C. §1445(c). Because those claims do not arise under state workers’ compensation laws, Section 1445(c) does not foreclose removal, and plaintiff’s motion to remand is therefore denied. BACKGROUND In New York, as a general matter, employers are strictly liable for injuries to workers in the course of their employment. N.Y. Workers’ Comp. Law §10(1). Unless they meet self-insurance requirements, employers must obtain and keep in effect workers’ compensation insurance to cover the cost of those payments. Id. §50. They can obtain that insurance from the New York State Insurance Fund, which is a state agency, or from a private insurance provider. Id. at §§50, 76. Plaintiff Commissioners administer the New York State Insurance Fund. Id. §77; Compl. 1. In this lawsuit, plaintiff alleges that between 2018 and 2019, the New York State Insurance Fund provided defendant Hainesport Transportation Group LLC with workers’ compensation insurance under a contract that included payment terms. Compl.
5-6. Plaintiff claims that it billed defendant $209,447.94 for the coverage, and that defendant has not paid the bill. Id. 7-8. In December 2022, plaintiff filed a lawsuit in New York Supreme Court, Queens County, seeking to recover $221,665.16 in unpaid insurance premiums and collection fees. Id. 9. Plaintiff brings two causes of action: breach of contract and “account stated.” Id. at 4. The complaint also invokes a provision of New York Workers’ Compensation Law stating that if a policyholder defaults on payments to the New York State Insurance Fund, “the amount due from [the policyholder] shall be collected by civil action brought against him in any county wherein the state insurance fund maintains an office in the name of the commissioners of the state insurance fund.” N.Y. Workers’ Comp. Law §93(a); see Compl. 2. Defendant timely removed the action to this Court, invoking diversity jurisdiction under 28 U.S.C. §1332. See Not. of Removal (Dkt. #1). The notice of removal alleges that the parties are completely diverse and that the amount in controversy exceeds $75,000. See id.
