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News

Sloppy Pleading of Injured Worker Leads to Dismissal of Lawsuit

Plaintiff was working in the hold of a refrigerated cargo vessel that was berthed at the Port of Gloucester, NJ.  He injured his leg... More

Louisiana Resident Denied Louisiana Workers’ Compensation Benefits

Claimant, a Louisiana resident, worked for Employer as a truck driver.  During the course and scope of his employment, Claimant was injured in Mississippi. ... More

Occupational Disease Presumption Not Rebutted by Hearsay

Claimant was hired by Employer as a welding trainee.  Claimant began experiencing cramping and swelling in his hand, and was diagnosed with compartment syndrome. ... More

Alleged Seaman’s Claims Dismissed for Lack of Negligence

Plaintiff was injured when he allegedly fell from a defective rope ladder while working on a barge.  He filed a lawsuit against his employer,... More

Employer Entitled to Long Term Disability Offset

On November 18, 2015, the Second Circuit Court of Appeal upheld a Workers’ Compensation Judge’s (WCJ) decision finding that the employer was entitled to... More

Modification Not Precluded by Res Judicata

In Olivier v. Olivier Builders, claimant, a self-employed carpenter, suffered a back injury while unloading a saw from his truck.  Following a dispute between... More

Day with the DOL in New Orleans

Loyola University hosted its annual “Day with the DOL” seminar on Tuesday, December 8th in New Orleans, Louisiana. The panelists at this year’s seminar included... More

Contra Non Valentem Doctrine Overcomes Prescription

Generally, a workers’ compensation claimant has a one year prescriptive period after the accident or death to file a formal claim.  If the claim... More

Wreck Removal Leaves Insured in the Sludge

In December of 2008, Tom’s Welding Inc. (“TWI”) commenced wreck removal/salvage operations pursuant to its agreement with BEI, the owner of the Tank Barge... More

Extra-Judicial Efforts to Informally Set Depositions Are Insufficient to Prevent Abandonment

In July 2001, plaintiff filed a lien against defendants. Defendant’s answered the lawsuit and discovery ensued. In 2005, plaintiff filed a motion and order... More