Author: Attorney Author
Louisiana Resident Denied Louisiana Workers’ Compensation Benefits
Claimant, a Louisiana resident, worked for Employer as a truck driver. During the course and scope of his employment, Claimant was injured in Mississippi. ... More
Occupational Disease Presumption Not Rebutted by Hearsay
Claimant was hired by Employer as a welding trainee. Claimant began experiencing cramping and swelling in his hand, and was diagnosed with compartment syndrome. ... More
Employer Entitled to Long Term Disability Offset
On November 18, 2015, the Second Circuit Court of Appeal upheld a Workers’ Compensation Judge’s (WCJ) decision finding that the employer was entitled to... More
Employee in Course & Scope of Employment
Claimant and his supervisor were on their lunch break when they drove to a bank in a company owned vehicle to cash their paychecks.... More
Modification Not Precluded by Res Judicata
In Olivier v. Olivier Builders, claimant, a self-employed carpenter, suffered a back injury while unloading a saw from his truck. Following a dispute between... More
Hercules Offshore Finished with Chapter 11 Bankruptcy
In September of this year, the U.S. Bankruptcy Court in Delaware approved Hercules Offshore’s restructuring plan, which proposed to give control of the company... More
Non-Operating Partner Held to be Statutory Employer
The U.S. Fifth Circuit held that non-operating partners of joint-ventures qualify as “statutory employers” under the Louisiana Workers’ Compensation Act (“LWCA”) regardless of whether... More
Group Health Plan Payments Do Not Interrupt Prescription
Claimant, a St. Bernard Parish firefighter, filed claims in 2004 for injuries to his right knee and right thumb, and for issues pertaining to... More
Day with the DOL in New Orleans
Loyola University hosted its annual “Day with the DOL” seminar on Tuesday, December 8th in New Orleans, Louisiana. The panelists at this year’s seminar included... More
Contra Non Valentem Doctrine Overcomes Prescription
Generally, a workers’ compensation claimant has a one year prescriptive period after the accident or death to file a formal claim. If the claim... More