Author: Lindsay Louapre
Claimant’s Age, Experience, Education, and Ability to be Retrained Must be Considered Before Modifying Indemnity Benefits
In a recent Third Circuit workers’ compensation case, Guidroz v. Walmart Stores, Inc., the court ruled that a claimant’s age, experience, education, and ability... More
Fourth Circuit Addresses Manual Labor Exception to Independent Contractor Statute in Workers’ Compensation Case
While an independent contractor is typically ineligible for workers’ compensation benefits in Louisiana, an exception exists for independent contractors who spend a substantial portion... More
First Circuit Finds Statutory Employer Relationship Can Exist Even Without Express Recognition
In a recent workers’ compensation case, Preston v. Southern University, the First Circuit upheld the decision of the trial court, finding that the statutory employer... More
MBLB Joins in Amicus Brief to the Louisiana Supreme Court
Mouledoux, Bland, Legrand & Brackett has joined the Louisiana Association of Self Insured Employers (LASIE) in an amicus brief to the Supreme Court in... More
Second Injury Fund Not Entitled to Audit Medical Expenses Paid by Insurer in Workers’ Compensation Case
In the First Circuit case of Nationwide Agribusiness Insurance Company v. State Workers’ Compensation Second Injury Board, 2020 WL 3287042, 2019-1101 (La.App. 1 Cir. 6/18/20),... More
COVID-19 Claims Under Louisiana Workers’ Compensation Law: Accident or Occupational Disease?
With the substantial number of COVID-19 cases that have already been diagnosed in Louisiana, we can expect to see claims asserting entitlement to disability... More
Conflict Between the Louisiana Courts of Appeal as to When Forfeiture of Benefits Begins for Violation of La. R.S. 23:1208
Conflicting decisions of the Louisiana Courts of Appeal as to when forfeiture of benefits begins for violation of La. R.S. 23:1208, makes this workers’... More
Unconfirmed Drug Test Results Inadmissible for Purposes of Fraud Defense in Workers’ Compensation Claim
In Parson v. Truck Parts & Equipment, Inc. 2019 WL 4805882 (La. 10/1/19), the Louisiana Supreme Court reversed a ruling by the Second Circuit Court... More
Louisiana Supreme Court Rules Choice of Pharmacy Suit Premature
In Soileau v. Wal-Mart Stores, Inc., 2019-C-0040 (La. 06/26/19), a workers’ compensation matter, the Louisiana Supreme Court vacated a judgment of the Third Circuit... More
Writs to Louisiana Supreme Court Denied in the Barber Case
On February 18, 2019, the Louisiana Supreme Court denied writs in reviewing the First Circuit Court of Appeal’s decision in Barber v. Louisiana Workforce... More