Noah Pollack, member of the Construction Defense Team at LOIS, recently won a case where the claimant alleged being assaulted by another employee at work at night. The claimant had just met the co-worker on the day of the alleged assault. The claimant had filed a police report, and the co-worker had actually been charged with assault. There were hospital records from the claimant from the morning after the assault.
To win this case, we contacted the co-worker, who denied everything. It ended up being a he said-he said, with the weight of the record tilting toward the claimant. But we were able to secure a disallowance of the claim because we subpoenaed prior treatment records, which involved one of the alleged sites of injury.
The claimant had not been so forthcoming regarding the prior treatment (which was very close to the alleged assault), and we were able to use that to argue against the claimant’s credibility, and the Law Judge ended up finding the co-worker was more credible because of that, and the claim was disallowed. This was upheld by the Board.
CASE: BG v. Construction Entity
CLIENT: Construction OCIP
DATE OF DECISION: June 19, 2020
LOIS ATTORNEY: Noah Pollack, Esq.
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.
Tashia regularly counsels clients on the importance of coordinating defense of workers’ compensation and general liability claims, and has a track record of favorable outcomes as a result of such coordination. In concert with Lois Law Firm’s recommended protocol for coordinating workers’ compensation and general liability defense, Tashia led a discussion of the protocol at the 2019 Annual Claims and Litigation Management (CLM) Conference to educate her peers on the importance of joint defense.
Who We Represent
We represent large project owners, OCIP and CCIPs, insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers’ Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.
We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have “hearing attorney” or a “negotiation attorney” or “appeal department” or anything else! All of our attorneys handle all of those roles – meaning cases are not “passed around” as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.
Within seven (7) days of referral, we provide your adjuster with a comprehensive legal action plan and budget, setting out the likely exposure, plan of action to get the case to close, analysis of any potential legal defenses, and identify the handling/trial attorney and paralegal assigned to the case. We provide you with any court- or venue- specific information, such as who the judge is, evaluation of the treating providers, best IME doctor to use, etc.
All of our attorneys are 100% dedicated to defending employers and carriers in worker’s compensation claims. While we do some associated general litigation (usually subrogation related to a workers’ compensation claims we handle) all LOIS attorneys focus their practice on workers’ compensation.
We have tried dozens of cases to conclusion this year in each of the courts we go to. We are aggressive in pursuing appeals and our practice has an above-average record on winning appeals.
We Handle the Entire State.
We appear in all New York City courts and all “upstate” hearings. We handle all workers’ compensation hearing locations in the State of New York.
City hearing points:
- Queens (Jamaica)
- Staten Island
- White Plains
- Garden City
We attend all Hearing Points statewide:
- Albany (Menands)
- Newburgh (New Windsor)
- New City
- Saranac Lake
More from the Construction Defense Team.
Join the Construction Team for upcoming training events.
Contact partner Tashia Rasul, Esq., Construction Defense Team Lead, with questions or to make referrals.