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Workers' Compensation
Occupational Diseases
Occupational diseases are those that manifest as a result the regular course and scope of employment. Specifically, La. R.S. 23:1031.1 defines an occupational disease as: An occupational disease means only that disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is […]
- December 18, 2019
- By Allen & Gooch
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Workers' Compensation
Second Injury Fund – Denied for Lack of Knowledge
The Louisiana Second Injury Fund is designed to protect those employers that hire an employee with a pre-existing permanent partial disability in the event the employee is subsequently injured on the job. The protection afforded to an employer is provided in the form of a reimbursement if, and only if, the employer can satisfy strict […]
- November 12, 2019
- By Allen & Gooch
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Private/Parochial School Law
Secretly Recording Conversations…Legal or not?
I routinely receive calls from clients who are concerned about conversations being records during telephone calls and meetings with employees, parents, students, etc. The question normally presented is: Is it legal to record a conversation without the consent of all of the parties to the conversation? The answer is “yes.” Under both state and federal law, a […]
- November 7, 2019
- By Troy Broussard
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Private/Parochial School Law
Handling Threats of Student Violence
The prospect of student violence presents two primary risks: (1) a threat to the physical safety of the school community and (2) exposure for civil liability to the school. While parents/guardians, alone, bear vicarious liability for the acts of their children, schools can also be held liable if someone is harmed as a result of […]
- October 16, 2019
- By Troy Broussard
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Employment Law & Litigation
DOL Announces 1.3 Million American Workers Eligible for Overtime
How to Prepare for the Changes to the Executive, Administrative and Professional Exemption? The Department of Labor issued a final rule that updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements. The final rule is effective on January 1, […]
- September 26, 2019
- By Allen & Gooch
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Employment Law & Litigation
Top 10 Questions to Ask Before Terminating an Employee in Louisiana
Is the employee covered by a collective bargaining agreement (e.g., union employee)?If so, the termination must be consistent with the Collective Bargaining Agreement (“CBA”). Is there an applicable employment policy that restricts your ability to terminate the employment, and if so, have you strictly followed it?Example: If the employer has a policy that provides for […]
- September 19, 2019
- By Troy Broussard
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Workers' Compensation
Allen & Gooch Obtains another Victory for the Employer’s Right to Choice of Pharmacy
Allen & Gooch was recently successful in defending the employer’s right to choose the pharmacy where a workers’ compensation claimant must fill prescriptions. The Louisiana Supreme Court recently ruled in Soileau v. Wal-Mart Stores, Inc., 19-0040 (La. 6/26/19), __ So.3d __, 2019 WL 2750869, that the claimant’s motion seeking a hearing as to whether she […]
- September 18, 2019
- By Allen & Gooch
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Workers' Compensation
Improper Use of 1010 Form For Physician Referral
As anyone who has practiced or worked in the area of Louisiana Workers Compensation can attest, there are an abundance of state forms. Each form has a specific purpose and exists to create a streamlined approach for how each claim is handled through resolution. However, an increasingly frustrating and confusing misuse of the 1010 Form […]
- August 21, 2019
- By Allen & Gooch
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Workers' Compensation
Acquiring Information from a Claimant’s Treating Physician
What sort of communication can the adjuster, nurse case manager and voc rehab counselor have with the doctor without having to put the attorney or injured worker on notice? What does the law say? Louisiana Revised Statute 23:1127 addresses, in part, this question. Specifically, the stature indicates that a health care provider, without the necessity […]
- August 20, 2019
- By Allen & Gooch
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Workers' Compensation
Social Media – Discoverability & Admissibility
A condensed review of Allen & Gooch’s presentation from the 2019 Louisiana Claims Association Conference What is Social Media? One of the biggest issues related to the use of social media evidence in the courts is the lack of a clear definition of what constitutes “social media.” The legislature has attempted to define this term […]
- July 17, 2019
- By Allen & Gooch
