Winning Results

LOIS attorney Joseph Melchionne was successful in getting a claim disallowed based upon an argument that no employer/employee relationship existed between a deliver dasher and Door Dash based upon the facts of the claim and the current case law on the issue.

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.

Attorney Joseph Melchionne was successful in getting a claim disallowed based upon an argument that New York State was not the proper jurisdiction for which to bring the claim. The claimant is a 76-year-old delivery driver for an Italian restaurant located in Mahwah, New Jersey.

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.

LOIS Attorney Adam Lowenstein prevailed before the New York Workers’ Compensation Board in a case involving the defense of “lack of notice” to the employer. In the recent case, the claimant alleged injuries to the neck, right arm and right leg when he fell while getting down from an excavator while working as a project manager for a construction company.

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.

In a case involving a major national retailer, LOIS was successful in having a claim disallowed by the trial judge on 5/2/19 after cross-examination of the claimant.

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.