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Trial Win: 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.

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.

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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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