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Trial Win: Partner Tashia Rasul Wins Reimbursement for Employer After Claimant Testifies Fraudulently

LOIS Law Firm attorney and Construction Practice Team Partner Tashia Rasul successfully won a judgment of Section 114-a fraud before a New York Workers’ Compensation Law Judge. After covert surveillance captured the Claimant performing activities that contradicted what he represented to his doctors and what he previously testified to under oath, Tashia presented that the Claimant was making material misrepresentations to the Court in order to receive Workers’ Compensation benefits.

At trial, both Tashia’s meticulous understanding of her client’s file and her detailed argument were put to the test. The Law Judge at first rejected the arguments that Tashia presented, omitting certain crucial facts that were integral to Tashia’s argument and suggesting that Tashia did not know the facts of the case. But Tashia identified the exact page number of the previous testimony transcript in order to forward her advocacy for the client. The Law Judge then agreed with her position after considering all the facts that Tashia presented, thereby suspending the Claimant’s Workers’ Compensation benefits.

Moreover, because of the severity of the fraud, Tashia then argued for a reimbursement of the payments that the Carrier made to the Claimant benefits that total to nearly $50,000.00. The Law Judge agreed with Tashia’s argument and ordered the Claimant to repay the Carrier. From her recommendation to secure the covert surveillance, her thorough cross-examination rapport, and her unsurpassed knowledge of the facts of the case, Tashia presented herself as the signature LOIS attorney by avidly arguing her position and capturing a victory for her client.

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Learn More About New York Workers’ Compensation Defense at LOIS

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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