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

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