Tag: Office of Workers Compensation
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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 […]
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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; […]
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Employment Law & Litigation
Bad Faith Claims in Mississippi Could Affect Other Jurisdictions
- March 30, 2016
- By Allen & Gooch
Mississippi Bad Faith Claims Can Affect Employers and Carriers in Other jurisdictions With companies operating in multiple states, navigating interstate laws has become increasingly tricky. This is especially true in the worker’s compensation arena where an employer can be sued for benefits in its state of operation, the state where the injury occurred, or the […]
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Workers' Compensation
Course and Scope of Employment – Always Clocked In
- February 3, 2016
- By Stephen G. Collura of Associate, New Orleans
Recently, the Louisiana Second Circuit Court of Appeals determined that an employee was in the course and scope of her employment when she sustained injuries from a criminal assailant. The employee, a home health caregiver, normally worked from 8 am until 5 pm. On the day of the incident, the employee accompanied a client […]
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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 […]
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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. […]
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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. […]