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

Appellate Court Reduces Award for Scarring

Where an employee is seriously and permanently disfigured, the employee is owed compensation not to exceed one hundred weeks.  The Office of Workers’ Compensation... More

Intoxication Defense Defeated with Coworkers’ Testimony

Plaintiffs’ father was killed in an unwitnessed work accident when he was caught in a pinch point while operating a lift truck.  An investigation... More

Average Weekly Wage Calculated Based on Plain Reading of Statute

Claimant sustained an injury in the course and scope of his employment.  Employer initiated benefits, and Claimant filed a disputed claim for compensation alleging... More

Exception of Res Judicata Denied

The legal doctrine of res judicata provides that a valid and final judgment is conclusive between the same parties.  It essentially bars a party... More

Failure to Reimburse Physician-Dispensed Medication Costs Results in Penalties and Attorney Fees

Two recent decisions handed down by the Louisiana Third Circuit Court of Appeal considered an employer/workers’ compensation insurer’s objections to health care provider dispensed... More

Workers’ Compensation Fraud Leads to Arrests

Criminal cases involving possible workers’ compensation fraud are referred to the Louisiana Attorney General’s Office for further investigation. On October 20, 2015, the owner... More

Denial of Claim for Questionable Injury Upheld on Appeal

Claimant was employed by Sol’s Pipe & Steel (“Employer”) pulling steel to fill customer orders. Claimant alleged that he injured his shoulder at work... More