Workers’ Compensation
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
Collateral Source Rule Does Not Apply to Louisiana Workers’ Compensation Insurance Payments
As we previously reported, the Louisiana Supreme Court granted writs in a case questioning whether worker’s compensation benefits are subject to the collateral source... More
Louisiana Supreme Court Affirms Broad Coverage of Workers’ Compensation as Exclusive Remedy for Minor Performing Prohibited Work
In a recent case, Tasha Griggs v. Bounce N’ Around Inflatables, LLC, 2018-C-0726 (La. 01/30/19), the Louisiana Supreme Court affirmed broad coverage of workers’ compensation... More
The Internet of Things: A Discovery Nightmare
In a meeting this week, Julie Lafargue, who recently joined MBLB as a member, encountered a “smart coffee cup,” touted by its manufacturer as... More