Author: MBLB News
Contractor Immune from Tort Liability AND Work Comp Liability
The Plaintiff suffered injuries when he fell through a skylight while working on a building owned by Defendant Schilling Acquisitions, Inc. Schilling had contracted... More
No Expansion of the Longshoreman Definition
Coming before the Louisiana Third Circuit Court of Appeals was the question of whether the Claimant was covered by the Longshore and Harbor Workers’ Compensation... More
Trial Court’s Judgment Found Not Appealable
An injured worker filed a disputed claim for compensation against his Employer, alleging that he was involved in a work related accident. He sought... More
De Novo Review Included Consideration of the Lower Court’s Ruling in a Bad Faith Claim
The Fifth Circuit Court of Appeals recently affirmed a district court’s ruling that granted summary judgment dismissing a bad faith claim against a workers’... More
Res Judicata Exception Sustained
The Second Circuit Court of Appeal recently affirmed a workers’ compensation judge’s decision sustaining an exception of res judicata. The claimant sustained an injury in... More
Video Surveillance Supports Forfeiture of Benefits
The First Circuit Court of Appeal of Louisiana recently affirmed a workers’ compensation judge’s ruling that a claimant forfeited her right to workers’ compensation... More
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