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WINNING RESULTS: Attorney Noah Pollack Prevails In Assault at Work Trial in New York

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 Information

  • CASE: BG v. Construction Entity
  • CLIENT: Construction OCIP
  • DATE OF DECISION: June 19, 2019
  • LOIS ATTORNEY: Noah Pollack
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This is the 2022 edition of 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” 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 these claims.

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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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