Tag: Louisiana Revised Statutes

• 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 […]

• Construction Law

  Strict adherence to bidding policies required for public contracts

  • March 7, 2014
  • By Allen & Gooch
  

  In a recent Fourth Circuit case, two unsuccessful bidders on a project filed separate actions seeking injunctive relief against the city regarding the bidding process for the Harrison Avenue Streetscape Project public contract. Command Const. Indus., L.L.C. v. City of New Orleans, 13-0524 (La. App. 4 Cir. 10/23/13), 126 So. 3d 716, 720. The unsuccessful […]

• Insurance & Casualty Litigation

  Anti-indemnity Provisions of Motor Carrier Transportation Agreements

  • January 22, 2014
  • By Allen & Gooch
  

  Louisiana law invalidates certain provisions in motor carrier transportation agreements. With certain limitations, Louisiana Revised Statute (“La. R.S.”) 9:2780.1 invalidates two potential provisions of motor carrier transportation agreements entered into after January 1, 2011.  First, La. R.S. 9:2780.1 invalidates any provision within a motor carrier transportation contract which seeks to require one party to defend […]

• 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. […]

• Construction Law

  2013 Legislative Update: Louisiana Construction Law

  • October 11, 2013
  • By Allen & Gooch
  

  In this summer’s session, the legislature made three changes to Louisiana construction law. The Private Works Act In Act No. 277, the Louisiana legislature amended La. R.S. 9:4822(G)(4), part of the Private Works Act, to change the notice required in order to preserve a claim or privilege.  Now, a claimant is not required to attach […]

• Workers' Compensation

  Defending Workers Compensation Fraud Just Got Easier

  • September 20, 2013
  • By Allen & Gooch
  

  Employers can now file for expedited hearing to force claimants to execute workers compensation fraud forms without having to file a 1008 disputed claim.

• Business Transactions

  Employment Contracts: Non Competition and Non Solicitation Agreements

  • September 7, 2013
  • By Emile Joseph

  Although non competition and non solicitation agreements are enforceable in Louisiana, there are strict limits.Careful planning & drafting is necessary.

• Taxation

  Louisiana Sales Tax on Rental Equipment Repair Parts & Materials

  • September 6, 2013
  • By Allen & Gooch
  

  No Exclusion for Louisiana Sales Tax on Rental Equipment for Repair Parts and Materials In La. Rev. Rul. No 13-003, the Louisiana Department of Revenue addressed the question of whether parts and materials purchased by equipment lease or rental dealers to repair and maintain their lease or rental equipment are excluded from the payment of […]

• Business Litigation

  LA Supreme Court Strikes Down Statutes Targeting Athletic Association

  • April 5, 2013
  • By Troy Broussard
  

  In Louisiana High School Athletics Association, Inc. v. State, 12-1471 (La. 01/29/13), 107 So.3d 583, the Louisiana Supreme Court ruled that Title 17 statutes modifying the private athletic association’s corporate bylaws were unconstitutional special laws. The court further found that the association was not a public body subject to the Open Meetings Law. Finally, the court […]

• Workers' Compensation

  Changes For Out-Of-State Insurance Companies Possible In Workers’ Comp

  • March 25, 2013
  • By Allen & Gooch
  

  In Faustino Duarte-Ortega v. Disaster Recovery Services, LLC d/b/a D R Services and Dallas National Insurance Carrier, no. 12-883 (La. App. 5 Cir. 12/27/12), the Louisiana Fifth Circuit Court of Appeals denied a writ application by the defendants. The trial court below ordered the defendants to retain an in-state claims adjuster to handle Mr. Duarte-Ortega’s compensation claim under […]