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Trial Win: Court Rules Owner Controlled Insurance Program Client Not Liable for Occupational Disease

In this complex occupational disease claim arising from the claimant’s work in construction, we were successful in defending the claim against our client (who held a wrap-up policy) before the New York Workers’ Compensation Board and arguing for liability to be imposed on a different employer/carrier. The claimant had worked for several different employers in the period leading up to his work stoppage and three different carriers, including our client, we placed on notice regarding potential liability. We took extensive testimony of the claimant and subpoenaed copious medical records before the Law Judge found our client was not liable on the claim. Our argument was two-pronged: 1) that our client was not the employer during the last injurious exposure; 2) that as the holder of a wrap-up policy, our client should not be found liable on an occupational disease claim, which should impose liability on the holder of the operational policy.

Case Information

  • CASE: AB v. OCIP Client
  • COURT: Brooklyn Workers' Compensation Board
  • 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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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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