Author: MBLB News
Employee Benefits Cut for Failing to Follow Rehabilitation Order
The Louisiana Second Circuit Court of Appeal affirmed a Workers’ Compensation Judge’s decision reducing the claimant’s compensation benefits by 50% due to the claimant’s... More
Limitation of Liability Claim Dismissed as Time Barred
The Limitation Act allows a vessel owner to limit liability for damage or injury to the value of the vessel or the owner’s interest... More
Employment Insufficient to Trigger Application of the LHWCA
A worker was injured while working in a grassy area between thirty and one hundred feet from a boat launching ramp being built on... More
Geographical Proximity is Not the Only Factor in Deciding OCSLA Jurisdiction
Robert Lewis, Jr. filed suit under the Outer Continental Shelf Lands Act (OCSLA), alleging injuries to his left elbow, cervical spine, and lumbar spine as... More
Louisiana Ranked 19th in Economic Growth
New figures released by the Federal Bureau of Economic Analysis demonstrated that Louisiana’s economy grew by 1.9% in 2014. Nationwide growth in 2014 was... More
Court Mandates MSA Incorporation into Workers’ Compensation Settlement
An injured worker settled his workers’ compensation claim out of court. The settlement terms included a provision that a Medicare Set-Aside (“MSA”) be submitted to... More
Allowing Defective Cylinder to be Refilled was Negligent, but not Intentional
Plaintiff, an employee of Airgas-Southwest, Inc., was injured when his co-worker attempted to refill a cylinder with compressed gas because the co-worker was unaware... More
Astronomical Hospital Mark-Ups Results in Higher Premiums
A study posted in the Journal of Health Affairs concluded that many U.S. hospitals will often charge ten times the cost of a procedure – a... More
Manifest Error Standard Proves Difficult to Overcome
Claimant suffered a work accident on January 8, 2013 in which she fell out of her office chair injuring her left shoulder. It was... More
Taxi Service Rebuts Presumption that one of its Drivers was an Employee
La. R.S. 23:1044 states that “[a] person rendering service for another in any trades, businesses or occupations covered by this Chapter is presumed to... More