Workers’ Compensation
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