Workers’ Compensation
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
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