In a significant victory for the family of a deceased worker, the Louisiana Court of Appeal has overturned a previous ruling, ensuring they receive workers’ compensation death benefits. The case, Orozco v. Filser Construction & Aries Building Systems, Inc., centered around the complex issue of determining whether Serna Jr. was…
Articles Posted in Workers Compensation
Understanding the Finality of Workers’ Compensation Settlements
Navigating the workers’ compensation system can be overwhelming when you’ve been injured on the job. You may be tempted to accept a quick settlement to cover immediate medical bills and lost wages. However, it’s crucial to understand the long-term implications of such a decision. A recent Louisiana case highlights the…
Louisiana Court Reverses Dismissal of Workers’ Compensation Claim: Understanding the Importance of Continuing Jurisdiction
A recent Louisiana Court of Appeal for the Third Circuit decision underscores the importance of the “continuing jurisdiction” principle in workers’ compensation cases. In this recent opinion, the court overturned a Workers’ Compensation Judge’s (WCJ) decision to dismiss a previously adjudicated claim, highlighting the specific procedures and legal framework that…
When a Workplace Injury Crosses State Lines: Navigating the Complexities of Workers’ Compensation and Tort Liability
In today’s interconnected world, it’s not uncommon for employees to find themselves working across state lines. But what happens when an injury occurs in a different state than where the employment contract was formed? Whose laws apply? Can an injured worker sue their employer, or are they limited to workers’…
Construction Worker’s Electrocuted Injury Leads to Dispute Among Defendants Over Liability
Contracting and subcontracting in the construction industry are standard practices. However, they can create several challenges when a worker is injured. What happens, for instance, when the employee of a subcontractor is injured by a device owned and operated by a municipal government unconnected to the construction project at hand?…
Employee Fails to Establish Link Between Previous Back Injury and Multiple Sclerosis Diagnosis for Workers Compensation Claim
When an employee suffers a work injury, it may result in negative consequences for the employee’s health. While Louisiana’s workers’ compensation laws allow the employee to recover damages for these future health complications, this has its limits. The employee must prove that this future negative consequence was related to the…
When Do Employers Have To Pay Penalties And Attorney Fees For Denying A Workers’ Compensation Claim?
If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees? Betty Citizen hurt her back while…
What Are The Timing and Bond Requirements For Appealing a Workers’ Compensation Judgment?
While involved in a legal dispute, there are strict timelines that must be followed, not only for filing an initial lawsuit, but also for filing any subsequent appeals. However, arguments can arise about what timeline applies to a certain factual situation. Angela Jackson was injured while working at Family Dollar.…
Worker Did Not Commit Fraud In Pre-Work Medical History Questionnaire
Honesty is the best policy. This is especially true in the workers’ compensation space, because if you are found to have been fraudulent, you forfeit your right to workers’ compensation benefits. Before Alex Turner started working for Chicago Bridge, he completed the Louisiana Office of Workers’ Compensation Second Injury Questionnaire.…
When Is An Employee Entitled To Select A Physician For A Workers’ Compensation Claim?
When receiving medical care, the choice of medical professional can influence your treatment. If you have been injured on the job, you might not be sure if you can pick your own doctor or if you have to use a doctor your employer selects. Under the Louisiana Workers’ Compensation Act,…