Court Rules That Defense IME Is Warranted

Personal injury defendants sought to compel an independent medical examination (“IME”) of the plaintiff under Rule 35 of the Federal Rules of Civil Procedure.... More

En Banc Fifth Circuit Tightens Situs Requirement for Longshore Act

An en banc decision of the United States Fifth Circuit Court of Appeals has vastly amended the scope of the situs requirement under the... More

Plaintiff Denied Change of Physician

Author: Robert N. Popich   In this Louisiana workers’ compensation case, plaintiff suffered injuries in the course and scope of her employment. She treated... More

Any Amount of Earnings Defeats an Employee’s Entitlement to Permanent and Total Disability Benefits

Author: Wilton E. Bland, IV   A railroad employee injured his back on the job and received benefits under Louisiana’s workers’ compensation law.  His... More

Workers’ Comp Judge’s Ruling Upheld on Supplemental Earnings Benefits

Claimant was injured in a car accident on May 5, 2009 while working for the City of Baton Rouge/Parish of East Baton Rouge (“Employer”).... More

Employer Entitled to Dollar for Dollar Credit

Author: Robert N. Popich   Claimant was injured while working for employer and thereafter received Louisiana workers’ compensation benefits. Claimant filed a lawsuit against... More

Employer Not Allowed to Recover Workers’ Compensation Benefits Through Indemnity Agreement

After being injured on the job, an employee of a manufacturing plant began receiving worker’s compensation benefits from his employer. The employee thereafter brought... More

Louisiana Supreme Court Reverses Denial of Employer’s Motion for Summary Judgment

On September 21, 2012, the Louisiana Supreme Court handed down a per curiam opinion concerning an employer’s tort immunity for job-related injuries. Plaintiff filed... More

Plaintiff’s Claims Only as Strong as the Wording of his Complaint

Author: Will Bland, IV Plaintiff was injured aboard an oil platform on the outer continental shelf.  He sued several defendants, including the platform owner and his... More

Summary Judgment Improper Even Where Most of an Injured Employee’s Job Duties Were Land-Based

Author: Tyler A. Moore Plaintiff worked for defendant as a repair supervisor when he was injured while operating a land-based crane.  Defendant commenced paying... More