Louisiana Personal Injury Lawyer Blog
When you are injured on the job, you expect for your medical expenses to be covered through worker’s compensation. However, when your employer denies your recommended medical treatment to recover from your injury, what do you do? First, you file a disputed claim for medical treatment form (Form 1009) with the Medical Director of the Office of Workers’ Compensation Administration. If that claim is denied administratively, then you are entitled to a hearing before a Workers’ Compensation Judge (WCJ). However, sometimes the process does not go as planned. For example, in this instance a Workers Compensation Judge ordered the defendants claim be paid but the employer appealed the WCJ’s decision.
Robert Friedman was an employee of Ecolab, Inc. when he injured his back on the job in October 2007. At first, his course of treatment was mild and done by a primary care physician, then a pain specialist. However, his symptoms persisted into 2011, when he was referred to an orthopedic surgeon. That surgeon first did a lumbar interbody fusion, which is a surgical procedure where a damaged disc is removed and replaced with bone graft material. Symptoms persisted into 2013 when the orthopedic surgeon referred Friedman to a neurosurgeon, who ran additional tests. The neurosurgeon’s tests revealed loosened screws/hardware from the initial lumbar interbody fusion. Eventually, the neurosurgeon suggested a new lumbar interbody fusion that would both fix the initial procedure as well as provide additional support. EcoLab approved the portion that would fix the initial procedure but denied the portion that would provide additional support as they did not feel it was medically necessary. Friedman then filed a Form 1009 with the Office of Workers’ Compensation Administration, which was denied due to insufficient clinical information. Friedman then re-filed his Form 1009 to get a hearing before a WCJ in Ouachita Parish, who granted Friedman to get his entire prescribed procedure, as well as legal fees covered once evidence was submitted. Ecolab appealed to the Second Circuit Court of Appeal.
Workers’ Compensation Claims are determined under guidelines in Title 40 of the Louisiana Administrative Code. At issue is whether the evidence supports that extended lumbar interbody fusion is medically necessary. Workers’ Compensation is supposed to cover the costs of medical treatment that is reasonably necessary for treating medical conditions caused by a workplace injury. See La. R.S. 23:1203. Medically necessary treatment is supposed to be that which is consistent with the diagnosis and treatment of a specific condition rather than solely based upon a patient’s preference. A claimant’s appeal of the Medical Director’s decision to a WCJ is based upon clear and convincing evidence, which means evidence has to be substantially more likely to be true than not true. 40 LA ADC Pt. I, §2715 sets the criteria about what evidence is necessary. As this procedure was a follow-up to his 2011 surgery, Friedman did not need to send inasmuch documentation. For that reason, the Appeals Court determined that the Medical Director erred in their judgment and thus upheld the WCJ’s ruling in favor of Friedman, as well as awarded attorney fees.
There is no shortage of frivolous lawsuits. As a result, courts have developed many different ways to nip these sorts of lawsuits in the bud. One way is by allowing defendants to file an exception of no cause action, which is essentially a request that asks the court to drop the plaintiff’s lawsuit because there is no factual support to justify the lawsuit. In the case below, the plaintiff truly believed she was wronged by her employer, but because the facts she provided in her lawsuit did not support a valid claim, her lawsuit was ultimately denied. So, how can you avoid your lawsuit being dismissed by no cause of action in Louisiana? 
Witnesses can be critical to winning a personal injury lawsuit after an auto accident. Without an impartial third party to attest to what happened, the case can devolve into he said/she said situation. Even worse, when one party is mentally unable to recall the events of the incident, the outcome becomes even more uncertain. Some may be tempted to think their case becomes a slam dunk after that. With one party not even sure of the facts, the other side has to prevail, right?
Listening is the most important skill for an attorney. This is of paramount importance when following court orders. A lawyer must be careful in how his actions appear and the actions he takes when attempting to enter in a case, but what happens when a lawyer violates court orders?
Walmart is buzzing with pedestrian traffic on a daily basis. Where crowds of people are gathered, accidents are sure to follow. Sometimes Walmart’s products are knocked off of shelves, children spill juice in the aisles, and liquid products can slip from a person’s grasp and splatter across the floor leaving a hazardous environment for anyone to slip and fall. Despite Walmart’s best efforts to keep the stores clean, accidents still happen. As a result, legal services may be needed. If that is the case, information about the parties involved is exchanged between the opposing counsels for a period of time known as discovery. Information may be gathered through depositions or a series of questions under sworn testimony out of court. Once sufficient time has been provided for discovery, a party may determine that there is no factual basis for the case to move forward. Because of this lack of material fact, the party may then make a motion for summary judgment. This motion, if granted, can result in a dismissal of the entire lawsuit. Our justice system, however, provides an appeal process for situations where these judgments were granted in error! So, what do you do when you have been blindsided by summary judgement?
When one is injured by an employee’s negligence, it is reasonable to expect an award of damages from the employer. When an injured party files a lawsuit, however, the plaintiff must prove that the one who caused his injuries was indeed an employee of the business. For most cases, this is very easy to prove. When there is a question of identity, though, the evidence available can make or break the lawsuit.
Medical malpractice lawsuits are filed for a wide range of injuries and even death. When a patient finds himself in a scenario where he believes a medical professional could have done more to prevent his injuries or cure his condition, he may decide to go through with a lawsuit. Medical malpractice lawsuits often require expert witnesses to succeed and proving damages in these cases where the patient enters a medical facility sick or injured can be a tough case to win. So, can you lose your medical malpractice case if you do not have enough evidence?
Imagine coming home one day to discover your beloved pet is missing. Typically in this scenario, we would expect the judicial system to act in our favor if we know who the culprit is. This can be difficult across state lines, and even when the court is on your side, collecting on the ruling may not be so easy. It’s even more difficult if the court fails in legally required procedures of the case. In this case we are left with the question: what do you do when someone refuses to return your dog to you? 
Summary judgment is a legal procedure courts may use to dispose of a case when there are not enough facts in dispute to proceed with a lawsuit. This is a good strategy to use when applicable because it purges certain claims that have no merit, saving time and money. The Fifth Circuit Court of Appeal demonstrated the principles of summary judgment within the context of an employment discrimination lawsuit when it comes to untimely filing. 
Having surgery is always a stressful situation. Nobody wants to leave the hospital only to return a short time later from complications due to the first surgery. This is unfortunately what happened to Mr. James Nelson, who sued his surgeon, Dr. F, in East Baton Rouge Parish. So, what happens when you develop a new medical condition after your surgery?