News
Circumstantial Evidence Insufficient to Overcome Clearly Erroneous Standard of Review
Decedent’s wife appealed the Workers’ Compensation Judge’s (“WCJ”) finding that she failed to establish her husband was in the course and scope of his... More
Sedentary Work Ability Means No Permanent Total Disability
Louisiana’s Second Circuit Court of Appeal recently considered a workers’ compensation judge’s (WCJ) denial of worker’s claim for total permanent disability. In Smith v. Highlines... More
Drilling Rig Exclusion Precluded Insured’s Reimbursement Claim Against Excess Insurer
The U.S. Fifth Circuit Court of Appeals recently addressed an insurance coverage question involving an excess insurer and an offshore injury. The Plaintiff was... More
Brass Knuckles Attack at Work: Purely Personal or Course and Scope?
Employee altercations may sometimes result in injuries that are compensable under the workers’ compensation law. In addition, depending on the circumstances of the altercation,... More
Don’t Misrepresent Prior Medical History – Louisiana’s Fraud Defense
In Louisiana, a Claimant who willfully and deliberately makes false statements for the purpose of obtaining workers’ compensation benefits will create a bar to... More
Estoppel Defeats Prescription Exception
On July 20, 2016, the Court of Appeal of Louisiana for the Fourth Circuit held that the estoppel exception applied to overrule the defendant’s... More
Failure to Properly Diagnose Injury Costs Hospital
In workers’ compensation law, there are important distinctions between an exacerbation of an original injury and new injury. The recently decided case of Tulane... More
Defense and Indemnity in Environmental Contamination Action
Litigation arose out of a demand for defense and indemnity for claims arising out of polychlorinated biphenyls (“PCBs”) contamination. From 1965 to 2006, Ward... More
Tides Are Turning: The Arrival of Subchapter M
*This article was prepared by our summer law clerk, Ridge Miguez. On June 20, 2016 the U.S. Coast Guard posted a preview of... More
Philippines Wins Territorial Dispute with China in International Tribunal
In 2013, the Philippines brought a case against China to dispute China’s territorial claims in the South China Sea. Territorial disputes over the South... More