Winning Results

LOIS Partner Tashia Rasul Prevails on Appeal

LOIS Law Firm attorney and Construction Practice Team Partner Tashia Rasul successfully argued to the Board Panel that the Claimant was not within the bounds of her employment during the accident, thus disallowing the claim. The Claimant injured herself while at a local coffee shop during working hours. After a thorough cross-examination of the Claimant and employer-witness, the Law Judge agreed that the Claimant was not within the scope of her employment because there was no authorization for employees to get coffee and, therefore, the employer is not liable.

The Claimant appealed the decision to the Board Panel, citing to case law showing that a coffee break could be compensable. Because of Tashia’s thorough understanding of the facts of the case in conjunction with case law, she effectively unraveled the Claimant’s reasoning, emphasized the absence of an employment relationship, and ultimately concluded that the Claimant’s arguments were misleading and nearly frivolous.

The Board Panel ultimately agreed that the Claimant was not authorized to leave the employer’s premises in light of the well-developed record of testimony, thereby finding that the Claimant’s arguments were without merit. Tashia’s ability to wield legal arguments based on the record and convey the legal principles of Workers’ Compensation is the hallmark of the type of service that only LOIS attorneys can provide.

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Greg Lois’ practical, up-to-date, and easy-to-understand guide to workers’ compensation claims in New York.

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New York Workers’ Compensation Defense at Lois Law Firm

We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

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