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Winning Results

LOIS Secures Disallowance without Trial

LOIS Senior Associate Meisha Powell secured a rare disallowance on a claim where the Claimant failed to appear at numerous hearings. Powell previously secured two disallowances of two Claimants who alleged accidents at the same jobsite, alleging a fall from a height, without any evidence to support same. A third Claimant then brought a case, alleging the same facts. Given the two disallowances, Powell argued for disallowance and a finding of fraud for the third Claimant. The Claimant failed to appear for numerous hearings thereafter. Powell requested that the Law Judge disallow the claim, because the Claimant had been avoiding a trial on the outstanding issues after fraud was raised. Significantly, Powell persuaded the Law Judge to issue a date certain for the Claimant to either withdraw the case or prosecute it. After that deadline passed, with no activity from the Claimant, Powell requested for disallowance of the claim. A trial date was scheduled, and the Claimant was unreachable. Over vigorous objections from opposing counsel, the Law Judge disallowed the claim. The Law Judge accepted Powell’s argument that the Claimant was given a date to act and, due to the failure to do so, the proper result was a disallowance. Powell and her team successfully brought to light the Claimant’s avoidance of cross-examination when fraud was raised and successfully argued for disallowance, even though the Claimant was absent at the hearing.

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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Construction Defense at Lois Law Firm

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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