In this video, “Legal Issues in Coordinating Multijurisdictional Defenses,” Tashia Rasul, partner at Lois Law Firm, discusses how counsel representing the employer in regard to the civil or worker’s
compensation proceeding must consider whether the transfer of information, documents, medical records, surveillance materials, etc., creates a disclosure or privilege issue in the other case. In order to do this, counsel must be cognizant of the relevant disclosure requirements in each jurisdiction. Further, counsel must be familiar with the relevant discovery tools available in each jurisdiction.
Some of the topics Tashia discusses include:
- Which side of the house takes the lead on investigation?
- Which parts of the investigation are revealed to which counsel,
- and when?
- What are the applicable privileges, and how could they be abrogated?
This video is from a live presentation on July 6, 2020.
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Why LOIS Has a Dedicated Construction Defense Practice
Lois has a dedicated Construction Defense Practice because New York construction injuries often lead to two claims: one pending in workers’ compensation court and a civil case based on New York’s Labor Law. These cases are multi-jurisdictional as the two courts reviewing the same set of facts have very different jurisdictional limitations and powers. The injured worker is typically represented by seasoned counsel (from one of just a few firms who have turned construction claims into a specialty) and is aided by a statutory scheme in New York which creates a cottage industry of strict liability claims for employers. The embattled construction employer is therefore required to defend two claims at once filed by the same employee.
About the Host, Tashia Rasul, Esq.
At LOIS, Tashia leads the New York Construction Practice, which exclusively handles workers’ compensation claims arising out of construction accidents. Tashia represents employers, self-ensured companies, insurance carriers and third party administrators before the workers’ compensation courts in New York. Her 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” Handbook (more on the handbook below).
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.
Get The Construction Defense Handbook
Authored by Tashia Rasul, Esq., this book 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 construction accident claims.
Learn More About Construction Defense at LOIS
For more about the Construction Defense Practice at LOIS, or to request a hard (printed) copy of the “Defending Construction Claims Handbook, 2020 Edition” click here.
This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.