Winning Results

LOIS Attorney Tashia Rasul Vigorously Prosecutes Fraud on Behalf of Employers

July 6, 2019

WINNING RESULTS: Tashia Rasul, Esq. – Partner – Lois Law Firm

LOIS Law Firm attorney and Construction Practice Team Partner Tashia Rasul successfully severed the ongoing payment of Workers’ Compensation benefits to the Claimant in an effort to protect her client’s interests. Considering the client’s monetary exposure is a classic feature in the overall LOIS strategy that Tashia masterfully and frequently employs.

After raising the fact that the Claimant is committing a material misrepresentation in order to receive Workers’ Compensation benefits under Section 114-a, Tashia argued that the Carrier should stop paying benefits. Tashia further alluded to the findings revealed in the covert surveillance footage that showed the Claimant performing activities similar to his pre-injury employment. Tashia further argued that the Claimant should not be given the benefit of the doubt when he is alleged to have committed fraud.

Despite the Claimant’s arguments against this, the Law Judge agreed with Tashia’s reasoning in that the record was underdeveloped and that the Claimant should not be receiving payments when there is a probable chance of a finding of fraud. In stopping benefits to the Claimant, Tashia proactively defended her client’s interests and limited her client’s economic exposure.

About the Attorney

Tashia Rasul, Attorney at Lois Law Firm

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.

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.

Construction Defense at Lois Law Firm

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.