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Winning Results

LOIS Attorney Secures a DISALLOWANCE for a Construction Case Involving Three Claimants

Last month, attorney Meisha Powell shared a significant win for one of our clients where she was able to successfully argue for disallowance for an alleged construction accident. This month, Powell, successfully argued for disallowance for a construction claim that was fraught with fraud and misrepresentations by another claimant. Interestingly, there were two claimants that were also linked to this claim.

From the onset, attorney Powell and her team realized that this claim was fabricated, and they needed to argue for its disallowance. After over a year of gathering evidence, attorney Powell victoriously defended against this alleged construction accident.

Interestingly, the claimant and claimant’s roommate both alleged separate accidents, on the same day, merely hours apart. Both claimants retained separate counsel for their workers’ compensation claim and separate counsel for their third-party action. Both claimants also named the same individual on their claim form to be their supervisor. Both claimants produced the same photograph of a safety equipment that they alleged to have used during their time on the jobsite. Neither the employer or the other contractors had any information on the claimant or the person named as the supervisor, or that the claimant had ever been on the jobsite. Notably, the safety equipment had a distinctive orientation number that was discovered by Powell and her team, belonging to another claimant, who had also filed a workers’ compensation claim.

During trial, attorney Powell’s cross examination of the claimant revealed pertinent information about the claimant and her cohorts that called into question if the claimant actually even worked on the jobsite at any time, let alone on the date in which she claimed a serious injury. The Judge was persuaded by Powell’s argument that the claimant did not sustain an accident, that the claimant did not work for the alleged employer, and that the claimant was never on the jobsite.

Attorney Powell secured a disallowance of a case that had implications of collusion between two other claimants. With two disallowances secured at the trial level, attorney Powell and her team prepare to further adjudicate for another disallowance of the third claim. Through investigation and trial preparedness, attorney Powell was able to successfully defend this claim and obtain a favorable result for our client.

Download the Defending Construction Claims Handbook

Download Our Defending Construction Claims Handbook

Tashia Rasul’s Handbook, “Defending Construction Claims in New York,” subtitled “A Practical Protocol for Coordinating Workers’ Compensation and General Liability Defense in Catastrophic Construction Claims,” is intended for employers, risk managers, insurance brokers and adjusters who are involved in the defense of construction accident claims in New York, and who are looking for a plain-English guide to defending these claims.

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Learn More About Construction Defense at LOIS

Our Construction Defense Team is led by Partner Tashia Rasul, Esq. This dedicated team exclusively handles workers' compensation claims arising out of construction accidents. Tashia’s expertise lies in complex coverage issues, wrap-ups, and claims arising out of catastrophic injuries. As part of her practice, Tashia frequently visits accident sites and provides on-site training to employers regarding workers' compensation claims, as well as to develop defense strategies. Tashia is the author of the “Defending Construction Claims in New York” Handbook, available here.

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