201-880-7213

Trial Win: LOIS Construction Practice Leader Successful in Notice Defense

LOIS Law Firm attorney and Construction Practice Team Partner Tashia Rasul successfully procured a finding from the Board Panel that the Claimant did not timely file his claim and therefore disallowed the claim. After a victory at the trial level, Tashia fashioned a legal argument for the Board Panel that both discredited the Claimant and barred the claim – a trademark technique of hers that she has executed time and again to deliver results for her clients. At trial, the Claimant testified that while he was allegedly en route to purchase work supplies in his own personal vehicle, he was rear-ended. After the alleged accident, he never filed a form regarding the accident, never lost time from work, and the employer had no reason to know whether there was an accident. The employer-witnesses testified that employees were not authorized to retrieve work supplies themselves. Tashia argued successfully that the Claimant was not a credible witness and that because the Claimant failed to file within 30 days of the accident, the claim is prejudicial to the employer and should be barred.

The Claimant appealed this decision to the Board Panel, arguing that the failure to file timely was not prejudicial to the employer. Tashia argued that the Claimant’s testimony was not credible in that he contradicted himself several times and made baseless statements on the stand. The Board Panel, after considering the evidence and the well-developed cross-examination of the witnesses, affirmed the Law Judge’s decision and accepted Tashia’s comprehensive legal argument. The Board Panel rendered the decision that the Claimant was not only incredible but that the claim should be barred under Workers’ Compensation Law due to its untimeliness. This rare combination of trial advocacy and the mastery of written arguments as exemplified by Tashia in this case can only be found at LOIS.

Download the Defending Construction Claims Handbook

Download Our Defending Construction Claims Handbook

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.

Download Now

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.

Learn More

Get articles delivered to your inbox, once a month.

Subscribe Today!