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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