Workers’ Compensation
Third Circuit Finds That Limiting Language in Settlement Agreement Reserved Employee’s Right to File Second Worker’s Compensation Claim
In a recent workers’ compensation case, the Louisiana Third Circuit Court of Appeal reversed the decision of the Workers’ Compensation Judge (WCJ), finding that,... More
Fourth Circuit Addresses Manual Labor Exception to Independent Contractor Statute in Workers’ Compensation Case
While an independent contractor is typically ineligible for workers’ compensation benefits in Louisiana, an exception exists for independent contractors who spend a substantial portion... More
10 MBLB Attorneys Included in New Orleans Magazine 2021 Top Lawyers
Mouledoux, Bland, Legrand & Brackett is pleased to announce that 10 of our attorneys have been selected for inclusion in New Orleans Magazine Top... More
Analyzing Workers’ Compensation Liability for COVID-19 Infections
Members Alan G. Brackett and Daniel P. Sullivan are now co-writing an “Attorney Analysis” column for Reuters Legal News. Their second column, “Analyzing workers’... More
First Circuit Finds Statutory Employer Relationship Can Exist Even Without Express Recognition
In a recent workers’ compensation case, Preston v. Southern University, the First Circuit upheld the decision of the trial court, finding that the statutory employer... More
Second Circuit Finds Employee Forfeited Benefits After Intentionally Failing to Answer Questions Regarding Past Medical History
In the recent workers’ compensation case of Spillman v. Career Adventures, Inc., the Louisiana Second Circuit Court of Appeal upheld the decision of the... More
Win for Air Ambulance Companies: States Can’t Cap the Cost of Medevac Flights
According to a recent U.S. Fifth Circuit Court of Appeals decision, states do not have the power to regulate the cost of an air... More
Reliance on IME Physician’s “Overzealous” Report Found to be Objectively Reasonable
In a recent workers’ compensation case, Martin v. Doerle Food Services, LLC., 2021 La. App. LEXIS 866, 21-94 (La. App. 3 Cir. 6/2/21), the... More
Louisiana Supreme Court Declines to Include Benefits in Hearing Loss Case
In Hartman v. St. Bernard Par. Fire Dept, the Louisiana Supreme Court declined to expand La. R.S. 23:1221(4)(p) to include benefits for hearing loss... More
In Workers’ Compensation Case, Louisiana Third Circuit Court of Appeal Finds Employee May be Compelled to Undergo an Independent Medical Examination
In the consolidated workers’ compensation cases of Musson Patout Auto. Grp v. Maynard, 2021 WL 265779, 2020-218 (La. App. 3 Cir. 1/27/21), the Third... More