Practice: Workers’ Compensation

• Workers' Compensation

  BEST PRACTICES

  • March 26, 2021
  • By Sara Dantzler

  Are your claimants completing the Employee Certificate of Compliance 1025 form? In this post-COVID world, along with the increase of weekly unemployment benefits, we have noticed an increase in claimants receiving unemployment benefits, but failing to report the benefits. Under La. R.S. 23:1225(B) no workers’ compensation benefits are payable for temporary or permanent total disability […]

• Workers' Compensation

  MARCH 2021 LEGAL UPDATES

  • March 26, 2021
  • By Sara Dantzler

  Louisiana Supreme Court Clarifies the Arrant Decision Regarding Eligible Benefits in Hearing Loss Cases The hearing loss issue made its way back to the Supreme Court recently in Hartman v. St. Bernard Parish Fire Dept. and FARA, 2020-00693, (La. 3/24/21). The Claimant, who was employed by St. Bernard Parish Fire Department, alleged he was exposed […]

• Workers' Compensation

  CALCULATING THE AVERAGE WEEKLY WAGE OF AN HOURLY EMPLOYEE

  • March 26, 2021
  • By Patrick Johnson

  Hypotheticals and Ruminations Calculating the proper Average Weekly Wage (AWW) is a critical part of any compensation claim. When miscalculating the AWW can give rise to an underpayment of indemnity, inevitably leading to a penalty claim, you only have one chance to get the calculation perfect. You will have the protections of the 1002 process […]

• Workers' Compensation

  Best Practices

  • February 5, 2021
  • By Patrick Johnson

  Document, document, document Have you ever received the file from another adjuster only to realize that the adjuster never documented their file? Were you ever told by your defense counsel that you are likely going to have to pay penalties on an issue, because there is nothing in the claims file documenting your reasons to […]

• Workers' Compensation

  January 2021 Legal Updates

  • February 5, 2021
  • By Patrick Johnson

  What is an unconditional tender, and what is the problem with a condition upon a settlement check? Very few cases have caused this much concern recently as the Louisiana Supreme Court’s ruling in Zinn v. Zagis, USA, LLC, 307 So.3d 193 (La. 12/322/20). In that case, the parties reached a full and final settlement, and […]

• Workers' Compensation

  Fun with Surveillance

  • February 5, 2021
  • By Corey Meaux

  Surveillance is one of the most important weapons in your workers’ compensation arsenal, but it is important to know when and how to properly use it to build a fraud claim, understand the employee’s true limitations, etc. Some adjusters or claims managers may order surveillance of a claimant too quickly or without properly tailoring the […]

• Workers' Compensation

  Workers’ Compensation Legislative Update: COVID-19 & Legislative Session Recap

  • July 22, 2020
  • By Allen & Gooch

  Governor John Bel Edwards issued multiple orders over the past several months due to COVID-19, that affected workers’ compensation in Louisiana. All legal deadlines were suspended from March 17, 2020 until June 15, 2020, and liberative and peremptive prescription delays were suspended from March 17, 2020 until July 5, 2020. All legal delays, including prescription, […]

• Workers' Compensation

  The Independent Medical Examination – Can It Be Used to Address Causation?

  • June 26, 2020
  • By Corey Meaux

  Under the Louisiana Workers’ Compensation Act, both the employee and the employer have a right to choose their own physicians. While the employee has a right to an initial choice of treating physician, the employer has the right to choose its own physician in order to examine the employee and render a Second Medical Opinion […]

• Workers' Compensation

  OSHA Update: COVID-19

  • May 28, 2020
  • By Allen & Gooch

  New guidance from the Occupational Health and Safety Administration (OSHA) regarding COVID-19 became effective on May 26, 2020. This new guidance rescinds and replaces the previous COVID-19 guidance issued on April 10, 2020, and is intended to be effective until further notice. Under the new guidance, a COVID-19 illness is a recordable incident that must be recorded […]

• Workers' Compensation

  The Impact of Pain on a Permanent & Total Disability Claim

  • March 19, 2020
  • By Allen & Gooch
  

  Prior to the 1983 amendments to the Workers’ Compensation statute, pain played a large role in permanent and total disability claims. For example, the 1980 Louisiana Supreme Court in Whitaker v. Church’s Fried Chicken, Inc. presented an injured janitor that burned his legs with hot grease, causing severe pain. The court found the claimant to be permanently and total […]