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

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

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

Wreck Removal Leaves Insured in the Sludge

In December of 2008, Tom’s Welding Inc. (“TWI”) commenced wreck removal/salvage operations pursuant to its agreement with BEI, the owner of the Tank Barge... More

Coast Guard to Increase the Limits of Liability under Oil Pollution Act of 1990

The Coast Guard is issuing a final rule which increases the statutory limits of liability for vessels, deepwater ports, and onshore facilities, under the... More

Professional Negligence Exception to LLC Liability Shield Narrowly Construed

Pursuant to Louisiana Revised 12:1320, a limited liability company (“LLC”) organized in Louisiana is “solely and exclusively” liable for its members and employees. However,... More

Exception of Res Judicata Denied

The legal doctrine of res judicata provides that a valid and final judgment is conclusive between the same parties.  It essentially bars a party... More

Ignoring Court Orders and Deadlines Cost Plaintiffs

Here is just another example of why it is always important to comply with court orders and deadlines. While inmates at a correctional facility,... More