Tag: Louisiana

Aug 30, 2022

Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk Doctrine

A Louisiana appellate court recently affirmed a determination by a WCJ that a pharmacy technician’s injuries resulting from a fall at her computer station after she had suffered a one-time...

Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk Doctrine Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk Doctrine
Dec 3, 2020

Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case

In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court's decision granting summary judgment in favor of two former employers who, according to...

Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case
Jul 3, 2017

Louisiana High Court Says Employer—Not Injured Employee—Has Right to Choose Pharmacy

Last Thursday, in a split decision, the Supreme Court of Louisiana held that the choice of pharmacy in a workers’ compensation case belongs to the employer, and not the employee...

Louisiana High Court Says Employer—Not Injured Employee—Has Right to Choose Pharmacy Louisiana High Court Says Employer—Not Injured Employee—Has Right to Choose Pharmacy
Jan 19, 2017

Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental Injury

A Louisiana appellate court affirmed, in relevant part, a ruling by a state workers’ compensation judge that a worker sustained an accidental injury arising out of and in the course...

Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental Injury Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental Injury
Dec 11, 2015

Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action

Applying the “discovery rule” [see Larson’s Workers’ Compensation Law, § 126.05], pursuant to which the prescription period may be suspended where the cause of action is not known or reasonably...

Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action
Aug 15, 2014

Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for Misrepresentations

A Louisiana appellate court has affirmed an Order of the state’s Office of Workers’ Compensation that heavily sanctioned a workers’ compensation claimant for fraud in violation of La. R. S....

Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for Misrepresentations Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for Misrepresentations
Feb 27, 2014

Compromise and Settlement: May An Employer Include a Penalty Clause to Ward Off Further Vexatious Claims?

Each year I read–or at least scan–more than 1,500 workers’ compensation cases that make the appellate reporter system around the nation. As large as that number sounds, it’s really fewer...

Compromise and Settlement: May An Employer Include a Penalty Clause to Ward Off Further Vexatious Claims? Compromise and Settlement: May An Employer Include a Penalty Clause to Ward Off Further Vexatious Claims?
Jan 17, 2014

US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult

Construing La. Rev. Stat. § 23:1032, which generally provides that workers’ compensation is the exclusive remedy of an employee injured within the course and scope of the employment unless the...

US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult
Oct 13, 2013

Louisiana: Boilermaker’s 39-Day Work Schedule, With One Day Off, Found to Cause Stroke

In Louisiana, when an employee seeks to recover workers’ compensation benefits for a heart-related or perivascular injury, he or she must prove, by clear and convincing evidence, that: (i) The...

Louisiana: Boilermaker’s 39-Day Work Schedule, With One Day Off, Found to Cause Stroke Louisiana: Boilermaker’s 39-Day Work Schedule, With One Day Off, Found to Cause Stroke
Apr 9, 2013

Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station

A Louisiana appellate court recently affirmed a finding by the Office of Workers’ Compensation that granted an employer police department’s motion for summary judgment regarding a claim filed by a...

Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station
Jan 21, 2013

Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not Compensable

A Louisiana appellate court recently affirmed the denial of a claim filed by a police sergeant who sustained injuries when he fell in a stairwell at Police Headquarters following a...

Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not Compensable Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not Compensable
Feb 4, 2012

In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims

In the great majority of jurisdictions, voluntary intoxication that renders an employee incapable of performing his or her work is a departure from the course of employment sufficient to defeat...

In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims