Workers’ Compensation
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
OWCP Announces Rate Increases
The Office of Workers’ Compensation Programs of the United States Department of Labor has announced the cost of living adjustment effective October 1, 2019.... More
Claim Dismissed Against Employer and Insurance Carrier for Alleged HIPAA Violation
In a recent case, Bowles v. Apro International Inc., the employer was able to obtain a dismissal of the claim because the claimant was... More
Louisiana Supreme Court Rules Choice of Pharmacy Suit Premature
In Soileau v. Wal-Mart Stores, Inc., 2019-C-0040 (La. 06/26/19), a workers’ compensation matter, the Louisiana Supreme Court vacated a judgment of the Third Circuit... More