Employer Entitled to Long Term Disability Offset

On November 18, 2015, the Second Circuit Court of Appeal upheld a Workers’ Compensation Judge’s (WCJ) decision finding that the employer was entitled to... More

Employee in Course & Scope of Employment

Claimant and his supervisor were on their lunch break when they drove to a bank in a company owned vehicle to cash their paychecks.... More

Modification Not Precluded by Res Judicata

In Olivier v. Olivier Builders, claimant, a self-employed carpenter, suffered a back injury while unloading a saw from his truck.  Following a dispute between... More

Non-Operating Partner Held to be Statutory Employer

The U.S. Fifth Circuit held that non-operating partners of joint-ventures qualify as “statutory employers” under the Louisiana Workers’ Compensation Act (“LWCA”) regardless of whether... More

Group Health Plan Payments Do Not Interrupt Prescription

Claimant, a St. Bernard Parish firefighter, filed claims in 2004 for injuries to his right knee and right thumb, and for issues pertaining to... More

Contra Non Valentem Doctrine Overcomes Prescription

Generally, a workers’ compensation claimant has a one year prescriptive period after the accident or death to file a formal claim.  If the claim... More

Elsewhere, in…: Texas

The term “non-subscriber” is commonly used to identify businesses that do not subscribe to workers’ compensation in Texas.  The exclusive remedy doctrine associated with... More

Termination Does Not Preclude Entitlement to SEBs

Claimant was employed by Employer and was injured when he fell while at work.  After the on-the-job injury, Claimant returned to work for Employer,... More

Summary Judgment Based on SSA Determination Reversed

Under the Louisiana Workers’ Compensation Act, if a claimant suffered from a pre-existing medical condition, he may still meet his burden of proof of... More

Third Circuit Clarifies Standard for Proving Job Availability

A Louisiana Third Circuit Court of Appeal partly reversed a ruling by a workers’ compensation judge due to application of an incorrect legal standard... More