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News

Penalties Increase for Employers Under the LHWCA

As of January 23, 2019, three monetary penalties for employers under the LHWCA have increased in accordance with the Federal Civil Penalties Inflation Adjustment... More

Under DBA, Petitions for Review With Circuit Court Should Be Filed Where District Director is Located

The Ninth Circuit previously issued dictum in Pearce v. Dir., Off. of Workers’ Compen. Programs stating that a petition for review of a compensation order... More

Recent Decision Demonstrates Jury’s Verdict Is Not Final

A recent decision by the Louisiana Third Circuit in Langlinais et al. v. Leblanc et al. 2018-712 (La. App. 3 Cir. 04/17/2019) demonstrates that... More

Alan G. Brackett Receives Louisiana Bar Foundation President’s Award

Founding member Alan G. Brackett has received the prestigious Louisiana Bar Foundation (LBF) President’s Award. The President’s Award was given to Alan in recognition... More

Collateral Source Rule Does Not Apply to Louisiana Workers’ Compensation Insurance Payments

As we previously reported, the Louisiana Supreme Court granted writs in a case questioning whether worker’s compensation benefits are subject to the collateral source... More

Fifth Circuit Affirms Exclusion of Offshore Employee’s Drug Test Evidence and Substantial Jury Award

In a recent admiralty and maritime case, Hale v. Wood Grp. PSN, Inc., No. 18-31090, 2019 WL 1773276, at *2 (5th Cir. Apr. 22,... More

Supreme Court Hears Oral Argument in Jones Act Case, Dutra Group v. Batterton

On Monday, March 25, 2019, the United States Supreme Court held oral argument on Dutra Group v. Batterton in an attempt to resolve a circuit... More

Transportation News: Electronic Logging Device Mandate Update

In 2016, the Federal Motor Carrier Safety Administration (“FMCSA”) announced a new rule mandating Electronic Logging Device (“ELD”) use for hour of service (“HOS”)... More

Under LHWCA, Excusable Neglect Standard Applies to Late Filed Attorney Fee Petition

The Ninth Circuit has ruled that the excusable neglect standard applies to late filed attorney fee petitions under the Longshore and Harbor Workers’ Compensation... More

Louisiana Supreme Court Affirms Broad Coverage of Workers’ Compensation as Exclusive Remedy for Minor Performing Prohibited Work

In a recent case, Tasha Griggs v. Bounce N’ Around Inflatables, LLC, 2018-C-0726 (La. 01/30/19), the Louisiana Supreme Court affirmed broad coverage of workers’ compensation... More