Louisiana Fifth Circuit Splits From Second And Third Circuits On Workers’ Compensation Average Weekly Wage

In Louisiana workers’ compensation cases, the average weekly wage for a full-time employee paid hourly wages is determined by La. R.S. 23:1021(13)(a)(i). Under that... More

Louisiana Third Circuit Upholds Awards for Supplemental Earning Benefits in Gradual Hearing Loss Claims

The Louisiana Third Circuit Court of Appeal recently upheld awards for supplemental earning benefits in three workers’ compensation claims where claimants alleged occupational noise-induced... More

Reimbursement Schedule for Surgical Implants Continues to Result in High Costs for Employers and Carriers in Louisiana Workers’ Compensation

The recent billing dispute case of McDonnell v. Renegade Oil Tools, Inc.,[1] shows once again how difficult it is for employers and carriers to... More

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