Practice: Workers’ Compensation

• Workers' Compensation

  Applying Louisiana Workers’ Compensation Law to Out-of-State Work Accident

  • January 18, 2016
  • By Allen & Gooch

  Louisiana Workers’ Compensation laws can be applied to work injuries that occur while an employee is working outside of Louisiana.  Louisiana Revised Statute 23:1035.1 provides extraterritorial coverage to an employee injured while working outside the territorial limits of Louisiana.  Specifically, this statute provides in pertinent part:   (1) If an employee, while working outside the […]

• Workers' Compensation

  When is a lie evidence of fraud under the Louisiana Workers’ Compensation Act?

  • October 13, 2014
  • By Allen & Gooch
  

  False Statements and Misrepresentations May Equal Fraud Under La. R.S. 23:1208, it is unlawful for any person “for the purpose of obtaining or defeating any benefit or payment under the provisions of [the Workers’ Compensation Act], either for himself or for any other person, to willfully make a false statement or misrepresentation.”  Crafted to discourage […]

• Workers' Compensation

  Employers face a steep burden to prove an employee’s “willful intent to injure”

  • May 27, 2014
  • By Allen & Gooch
  

  Workers Compensation Defenses Available to Employers Louisiana Revised Statute 23:1081 includes a list of various defenses available to an employer faced with an injured employee. The first defense provides that “No compensation shall be allowed for an injury caused… by the injured employee’s willful intention to injure himself.” Must Prove Intent to Self-Injure by Preponderance […]

• Workers' Compensation

  Medical Treatment Guidelines Apply to all medical treatment after July 13, 2011

  • May 16, 2014
  • By Allen & Gooch
  

  On May 7, 2014, The Supreme Court of Louisiana issued a decision holding that La. R.S. 23:1203.1 (AKA “Medical Treatment Guidelines”) apply to all requests for medical treatment made after July 13, 2011(the effective date of the statute), regardless of the accident date. The Supreme Court reviewed the facts of Church Mut. Ins. Co. v. […]

• Workers' Compensation

  Workers Comp: Employee’s Right to Select a Treating Physician

  • April 2, 2014
  • By Allen & Gooch
  

  First Circuit Rules that Employee’s Right to Select a Treating Physician is Mandatory In Nelson v. Windmill, the court found that LSA-R.S. 23:1121B(1) made an employee’s right to select a treating physician mandatory and without exception. The First Circuit added that there was no time frame for exercising that right and there is no requirement […]

• Workers' Compensation

  Louisiana Workers’ Compensation – What sets us apart

  • January 29, 2014
  • By Allen & Gooch

  As we enter 2014, the future of Louisiana looks bright.  With continued growth in many areas apart from the traditional oil and gas industry, Louisiana is starting to attract the attention of many companies looking to take advantage of the opportunities offered in a place we are proud to call home. How Louisiana Workers’ Compensation […]

• Workers' Compensation

  Second Injury Fund: When You Can Ask for an Employee’s Medical History

  • November 12, 2013
  • By Allen & Gooch
  

  Much to the surprise of companies who do not regularly work in Louisiana, and even a few that do, you can inquire into a new employee’s medical background in Louisiana.  But, as with everything else in the law, it is never as easy as it first sounds. Second Injury Fund Provides Employers Reimbursements for Workers’ […]

• Workers' Compensation

  2013 Legislative Update: Changes to Louisiana Workers Compensation

  • October 15, 2013
  • By Allen & Gooch
  

  Louisiana Workers Compensation Changes Again, Less Than a Year After Substantial Reform In this summer’s session, the Louisiana Legislature made numerous changes to the Workers’ Compensation laws.  Businesses and employers should be sure to work closely with counsel to ensure they are in compliance with the new laws.  Some of these changes include: Act No. […]

• Workers' Compensation

  Punitive Damages allowed by Louisiana Federal Court in LHWCA Suit

  • October 9, 2013
  • By Allen & Gooch
  

  Will Punitive Damages Now be Available in Louisiana for Offshore Injuries? In Callahan v. Gulf Logistics, L.L.C., No. 6:06-CV-561 2013 WL 5236888 (W.D. La. Sept. 16, 2013), the Western District of Louisiana recently permitted a plaintiff to pursue punitive damages in a vessel negligence lawsuit for injuries allegedly sustained outside territorial waters, pursuant to section […]

• Workers' Compensation

  Workers Compensation Defense: the Unwitnessed Accident

  • October 8, 2013
  • By Allen & Gooch

  What should an employer do in a Workers Compensation defense case where there are no witnesses to corroborate the employee’s story of an accident?