Workers’ Compensation
In Workers’ Compensation Case, First Circuit Reaffirms Choice of Pharmacy Remains with Employer
In Corona v. Louisiana Correctional Institute for Women, 2020 WL 6536945 (La. App. 1 Cir. 11/6/20), the First Circuit reversed the finding of the... More
Two Strange Cases Highlight the Need for a Plaintiff to Keep His Dates Straight
In Louisiana, what most states refer to as the “statute of limitations” is called a “prescriptive period.” Just like a statute of limitations, this is... 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
Louisiana Fifth Circuit Affirms Finding of Fraud in Workers’ Compensation Matter
The Court of Appeal of Louisiana, Fifth Circuit just released a new decision affirming the finding fraudulent the conduct of a claimant who lied... More
Department of Labor Sets National Average Weekly Wage
The Department of Labor (DOL) issued Industry Notice 182 setting the National Average Weekly Wage (NAWW), maximum and minimum compensation rates, and annual adjustments... More
Virtual Formal Hearings Are Now Mandated
On June 1, 2020, the Chief Judge of the Office of Administrative Law Judges, United States Department of Labor, issued Administrative Order 2020-MIS-00008, which... More
Louisiana’s Suspended Legal Deadlines under COVID-19
At the start of the Coronavirus outbreak, which hit Louisiana and the Greater New Orleans Area particularly hard, Louisiana’s governor took action to suspend... 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
Western District of Louisiana Limits Plaintiffs’ “Windfalls” Under the Collateral Source Rule
Citing a Mouledoux, Bland, Legrand & Brackett case, DePerrodil v. Bozovic Marine, Inc., 842 F.3d 352, 358-60 (5th Cir. 2016), the Western District of... More
Louisiana Supreme Court Grants Writ Application and Summary Judgment in Personal Injury Case Due to Lack of Sufficient Medical Evidence on Causation
On March 16, 2020, the Louisiana Supreme Court released a short opinion with significant application to personal injury litigation in Louisiana. Davis v. A... More