Tag: Louisiana Workers’ Compensation

• Employment Law & Litigation

  Third Circuit’s Requirements for Adjusting Workers’ Compensation Claims in Louisiana

  • March 13, 2017
  • By Allen & Gooch

  In the recent Third Circuit case, Broussard v. Dillards’ Department Stores, Inc., the Court issued a ruling that effects the manner in which all workers’ compensation insurers are required to handle workers’ compensation claims in Louisiana.  — So. 3d —, (La App. 3 Cir. 02/15/17) 2017 WL 606769. The issue was brought before the Third […]

• Workers' Compensation

  Are Franchisee’s Entitled to Workers’ Compensation Benefits?

  • July 25, 2016
  • By Allen & Gooch

      Who is entitled to Workers’ Compensation Benefits? The Workers’ Compensation Act provides an exclusive remedy for an employee against his employer or co-employee where the terms of the statute are met. The compromise allows the injured employee to recover benefits pursuant to the statute, but the employer (and/or co-employee) will be immune from […]

• Insurance & Casualty Litigation

  Spotting and Successfully Defending Claims Against Malingerers

  • May 4, 2016
  • By Allen & Gooch

  Patients who malinger, or exaggerate illness, can be a problem for health and claims management professionals. Malingering is defined by the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition-Text Revision (DSM-IV-TR) as the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives such as avoiding work or military duty; […]

• 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 […]