In workers’ compensation cases, often times the court is presented with the conflicting testimony and evidence of several physicians. For example, an injured employee may see several doctors over the course of his or her treatment. He or she may see an initial treating physician, a specialist, and may latter…
Not all Workers Compensation insurance claim decisions are black and white. Sometimes those claims can include an overlap with other federal statutes that may or may not also provide coverage. When those circumstances arise insurers need to base their decisions on the facts and the law and not for financial gain.…
Sometimes you get hurt while working and it’s neither your fault nor your employer’s fault. In those cases the person that hurt you is called a “Third-Party Tortfeasor.” However, because you were hurt while working you may have rights to not only sue the person who hurt you but to…
Not just any court can hear any case. Depending on certain factors, your local court may not be the right choice to bring your matter. A New Orleans attorney found this out the hard way in a recently decided case. The matter arises out of a situation where the court…
Worker compensation claims arise from being hurt at work. Even the best worker compensation lawyers cannot help you prove the existence of a work related accident if you were not actually “hurt at work.” La. R.S. 23:1031(A) The following case out of New Orleans demonstrates what happens when credibility assessments must…
Many people have nightmares of falling and nobody being there to catch them. For Tommie Hebert, that nightmare became a reality when he fell from a moving helicopter, landing directly on his back, causing severe injuries such as a broken back and a damaged hip that would likely require replacement.…
If you are injured while at work, there are many paths that you may take for financial relief. The path that you choose along with how you navigate that path will be a decision that will affect you for the rest of your life. The following case out of Tangipahoa…
It seems an insurance company’s first response to a claim is to deny the claim. The Louisiana Workers’ Compensation Corporation (“LWCC”) is no exception. The following case out of Loreauville Louisiana demonstrates the arguments that can be made and standards to assess whether an injured employee is due LWCC’s benefits or…
In Louisiana as in other U.S. states, the doctrine of res judicata – literally “a matter judged” – prevents parties from re-litigating a matter once it has been adjudicated on the merits by a competent tribunal. This prevents prolonged litigation of cases which have been purportedly concluded, thus avoiding an…
Louisiana worker’s compensation laws allow for injuries to only be charged at the usual cost for treatment. When a worker suffers an injury on the job the amount a hospital receives to pay for treatment may not always cover the cost of the treatment, but the hospital may not be…