Pre-Existing Conditions Do Not Preclude Entitlement to SEBs

The Louisiana Second Circuit Court of Appeals affirmed a judgment awarding claimant supplemental earnings benefits (“SEBs”). On March 1, 2013, Claimant began his employment,... More

Incarcerated Claimant is Not Entitled to Compensation Benefits

Claimant was working for Employer as a general laborer, or welder’s helper, when, on September 25, 2013, Claimant fell from an alleged 20-foot scaffold... More

No Vicarious Liability for Employer

On December 20, 2009, James Richards rear-ended a van in which plaintiff was a passenger.  As a result of the accident, plaintiff suffered significant... More

Claimant’s Ability to Perform Heavy-Duty Work Despite a Pre-Existing Condition Proves Beneficial

Since March 1, 2013, Claimant was employed by Employer as a driver/grounds man. His job duties consisted of driving to work sites and cutting/dumping... More

Louisiana Resident Denied Louisiana Workers’ Compensation Benefits

Claimant, a Louisiana resident, worked for Employer as a truck driver.  During the course and scope of his employment, Claimant was injured in Mississippi. ... More

Occupational Disease Presumption Not Rebutted by Hearsay

Claimant was hired by Employer as a welding trainee.  Claimant began experiencing cramping and swelling in his hand, and was diagnosed with compartment syndrome. ... More

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