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 an independent contractor or an employee entitled to workers’ compensation benefits.
Case Background
Serna Jr. was working for his father’s company, Filser Construction, which was subcontracted by Aries Building Systems to perform work at a U.S. Navy facility. He was tragically killed while moving trailers on the job site. His alleged dependents, Mariana Orozco and Aggie Filiberto Serna Orozco filed a workers’ compensation claim against Filser and Aries.