Louisiana Personal Injury Lawyer Blog
In a recent decision by the United States Court of Appeals for the Fifth Circuit, McGill C. Parfait v. Director, Office of Workers’ Compensation Programs, et al., a worker’s claim for disability benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA) was dismissed due to his failure to notify his employer of a third-party settlement. This case serves as a critical reminder of the importance of adhering to the notice requirements under the LHWCA to protect one’s right to compensation.
McGill C. Parfait, an employee of Performance Energy Services, L.L.C., sustained back and chest injuries in a work-related accident. He filed a claim for disability benefits under the LHWCA, which was partially granted for his chest injury but denied for his back injury. Parfait appealed this decision.
Simultaneously, Parfait pursued a third-party tort action against Apache Corporation and Wood Group PSN, Inc., related to the same accident. He settled with Apache for $325,000 and obtained a judgment against Wood Group for $41,542.17.