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

Conflict Between the Louisiana Courts of Appeal as to When Forfeiture of Benefits Begins for Violation of La. R.S. 23:1208

Conflicting decisions of the Louisiana Courts of Appeal as to when forfeiture of benefits begins for violation of La. R.S. 23:1208, makes this workers’... More

Lights, Camera, Judgment: Mark Hanna Scores Win for Local Film Studio

Member Mark Hanna and Associate Joseph Trytten received a grant of summary judgment dismissing Chalmette, Louisiana’s The Ranch Studios in a premises liability/personal injury... More

Louisiana Third Circuit Unmoved By Claimants’ False Statements in Workers’ Compensation Case, Affirms Award of Benefits

In a recent workers’ compensation appellate decision from the Louisiana Third Circuit, the employee-claimants’ false statements about drug use, medical history, and medical treatment... More

Louisiana Businesses See Workers’ Compensation Premiums Drop for Sixth Year

On November 8, 2019, Louisiana State Insurance Commissioner, James Donelon, approved an 8.4% workers’ compensation rate reduction based on an annual loss cost filing... More

Unconfirmed Drug Test Results Inadmissible for Purposes of Fraud Defense in Workers’ Compensation Claim

In Parson v. Truck Parts & Equipment, Inc. 2019 WL 4805882 (La. 10/1/19), the Louisiana Supreme Court reversed a ruling by the Second Circuit Court... More

First Circuit Upholds OWC Judgment Finding Claimant Forfeited Workers’ Compensation Benefits Due to False Statements

In a recent case, Elmer Creel, Jr. v. American Pride, Inc., the Claimant, Elmer Creel, Jr. was involved in a work-related motor vehicle accident... More

Louisiana Fifth Circuit Court of Appeals Addresses Psychological Compensation Resulting from Physical Injuries

Claims for workers’ compensation benefits, as well as claims arising under the Longshore and Harbor Workers Compensation Act (LHWCA) and the Defense Base Act... More

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