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

Injured Worker Not Entitled to Medicaid Windfall

Author: Wilton E. Bland, IV The Louisiana Supreme Court recently addressed an employer’s liability for medical expenses in a workers’ compensation claim, when the... More

Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases

Author: Jon B. Robinson Recently, the United States Court for the Eleventh Circuit addressed the Longshore Act’s exclusivity provision, Section 905(a), as it applied... More

Workers’ Compensation, Social Security Disability Benefits and Taxation

Author: Jon B. Robinson Generally speaking, workers’ compensation benefits are not taxable.  26 U.S.C. § 104(a)(1).  This includes compensation benefits paid under the Longshore... More

In Workers’ Comp Claim, Provision of Surveillance Video to Non-Court Appointed Physicians is Permissable

Author: Trevor Cutaiar   The claimant, Wendy Ward, suffered a hand injury while working at Iberia Medical Center.  Her personal physician referred her to... More