| WORKERS' COMPENSATION
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| 1. | Defendant was entitled to additional medical examination of claimant.
Virginia Lebleu v. Brookshire Brothers Holding, Inc., 2022-CC-00376 (La. 04/26/2022) [2 pp.]
From LSCR Volume 30, Issue 4
The Office of Workers' Compensation denied defendant's motion for an additional medical
examination of the claimant. The Court granted a supervisory writ and, in th... view full summary |
| 2. | Court affirms employer/law firm's entitlement to damages for LWCC's failure to defend but reduces damage award.
Cox, Cox, Filo, Camel & Wilson, LLC v. Louisiana Workers' Compensation Corporation, 2021-C-00566 (La. 03/25/2022) [22 pp.]
From LSCR Volume 30, Issue 3
Plaintiff is a law firm based in Lake Charles. In October 2018 its office manager of almost 50
years filed a claim for supplemental earnings benefits and proof of los... view full summary |
| 3. | Georgia judgment had no res judicata effect as to subrogation claim for benefits paid under LWCA.
Robert Lapoint v. Commerce & Industry Insurance Co., 2021-C-00995 (La. 11/23/2021) [2 pp.]
From LSCR Volume 29, Issue 11
Stephens TPS, Inc. hired plaintiff to perform sandblasting and painting work. Plaintiff
initially worked for Stephens in Louisiana but was on a work assignme... view full summary |
| 4. | Fireman who sustained partial hearing loss over time not entitled to permanent partial disability benefits.
James J. Hartman, Jr. v. St. Bernard Parish Fire Dept., 2020-C-00693 (La. 03/24/2021) [21 pp.]
From LSCR Volume 29, Issue 3
Plaintiff began his employment with the St. Bernard Parish Fire Department (SBPFD) in
1990 and was district chief at the time he made a claim for disability... view full summary |
| 5. | Claimant's holding of settlement checks that contained conditional language triggered 30-day penalty provision against employer.
Walter Zinn v. Zagis USA, LLC, 2020-C-00971 (La. 12/22/2020) [5 pp.]
From LSCR Volume 28, Issue 12
Claimant settled his workers' compensation case against his employer for $40,000. Claimant's counsel received two checks in payment of the total, as well as a r... view full summary |
| 6. | Court reinstates judgment accelerating SEB payments against dilatory employer.
Richard McDonald v. City of Bastrop, 2019-C-01949 (La. 02/26/2020) [2 pp.]
From LSCR Volume 28, Issue 3
The Office of Workers' Compensation (OWC) awarded plaintiff supplemental earnings
benefits (SEBs) as a result of an injury he sustained in the course of his em... view full summary |
| 7. | Minor employee was bound by exclusive remedy of workers' compensation law although employed unlawfully and performing prohibited work.
Tasha Griggs v. Bounce N' Around Inflatables, LLC, 2018-C-0726 (La. 01/30/19) [15 pp.]
From LSCR Volume 27, Issue 2
Bounce N' Around Inflatables, LLC (BNA) rents a variety of inflatables for social events. The
inflatables are stored in a warehouse and moved using a battery-operated pall... view full summary |
| 8. | Employer could devolutively appeal award of benefits even though statute required bond.
Angela Jackson v. Family Dollar Stores of LA, Inc., 2018-C-0170 (La. 06/27/18) [23 pp.]
From LSCR Volume 26, Issue 7
Claimant was injured in the course and scope of her employment with defendant. In
January 2017 the Office of Workers' Compensation (OWC) awarded clai... view full summary |
| 9. | Court remands to OWC for a determination of whether out-of-state pharmacy met statutory requirements.
John W. Smith v. Highlines Construction Co., Inc., 2016-C-1443 (La. 09/22/17) [4 pp.]
From LSCR Volume 25, Issue 9
This workers' compensation case included a claim for more than $34,000 in
reimbursement for prescription medications filled by an out-of-state pharmacy, Inju... view full summary |
| 10. | Employer has right to choose pharmacy for dispensing prescriptions to claimants.
Darvel Burgess v. Sewerage & Water Board of New Orleans, 2016-C-2267 (La. 06/29/17) [23 pp.]
From LSCR Volume 25, Issue 7
After sustaining a work-related injury in October 2008 while employed by defendant,
plaintiff filed a disputed claim for compensation in September 2... view full summary |
| 11. | Claimant not entitled to choice of FCE provider at employer's cost.
Paula Clavier v. Coburn Supply Company, Inc., 2016-CC-0625 (La. 06/29/17) [16 pp.]
From LSCR Volume 25, Issue 7
Plaintiff injured her neck, shoulder, and back in May 2006 when she lifted a box while in
defendant's employ. A 2010 consent judgment established she was ent... view full summary |
| 12. | Court lacked appellate jurisdiction over constitutional challenge to medical treatment schedule.
Janice Barber v. Louisiana Workforce Commission, 2017-CA-0750 (La. 06/05/17) [2 pp.]
From LSCR Volume 25, Issue 6
The 19th JDC, Parish of East Baton Rouge, enjoined the application of certain medical
treatment schedule provisions in the Louisiana Workers' Compensation... view full summary |
| 13. | Medical Treatment Guidelines did not require all of claimant's pain to be relieved by spinal cord stimulator.
Byron Gulley v. Hope Youth Ranch, 2016-C-1112 (La. 03/15/17) [14 pp.]
From LSCR Volume 25, Issue 3
Claimant was injured in June 2009 when struck by a golf cart while working at the Hope
Youth Ranch in Winnfield. He claimed injuries to his head, shoulder... view full summary |
| 14. | Former firefighter's claim for permanent disability and medical benefits not barred by res judicata or prescription.
Richard J. Borja v. FARA St. Bernard Parish Government, 2016-C-0055 (La. 10/19/16) [18 pp.]
From LSCR Volume 24, Issue 10 Claimant was employed by defendant as a firefighter beginning in July 1973. After an accident in June 2002, he received wor... view full summary |
| 15. | Healthcare provider limited to recovery of $750 for prescriptions but entitled to sanctions and attorney's fees against workers' comp payor.
Lafayette Bone and Joint Clinic v. Louisiana United Business SIF, 2015-C-2137 c/w 2015-C-2138 (La. 06/29/16) [26 pp.]
From LSCR Volume 24, Issue 7 Two employees were treated by physicians at Lafayette Bone and Joint Clinic (the Clinic) and
prescribed medications th... view full summary |
| 16. | OWC Administrative Rule could not establish prescriptive period for bringing claim.
Calvin Arrant v. Wayne Acree PLS, Inc., 2015-C-0905 (La. 01/27/16) [20 pp.]
From LSCR Volume 24, Issue 1 In June 2012 claimant suffered injuries when an eighteen-wheeler ran a red light and struck the
vehicle that he was driving in the cou... view full summary |
| 17. | Employers entitled to tort immunity against suits for noise induced hearing loss.
James Arrant v. Graphic Packaging International, Inc., 2013-C-2878 c/w 2013-C-2981 (La. 05/05/15) [41 pp.]
From LSCR Volume 23, Issue 5 Plaintiffs in these seven consolidated cases were current or former employees of the West Monroe
facility, which included a paper mill... view full summary |
| 18. | Employer entitled to summary judgment in tort suit where plaintiff's injuries were not inevitable result of employer's failure to destroy defective gas cylinder.
Truman Stanley, III v. Airgas-Southwest, Inc., 2015-CC-0274 (La. 04/24/15) [7 pp.]
From LSCR Volume 23, Issue 4 Plaintiff was employed by Airgas-Southwest, Inc., a company engaged in the business of filling and
re-filling gas cylinders. He was in... view full summary |
| 19. | Absent objection from plaintiff, defendant's attachments were admitted in support of motion for partial summary judgment.
Brett Bourque v. Transit Mix Concrete & Materials Co., 2014-C-1588 (La. 12/08/14) [5 pp.]
From LSCR Volume 22, Issue 12 Defendant sustained injuries to his spine and underwent surgeries to alleviate his pain. In August
2011, he underwent a radio-frequenc... view full summary |
| 20. | OWC's medical treatment schedule applied to treatment sought by claimant although her injury pre-dated effective date.
Church Mutual Insurance Company v. Thelma Dardar, 2013-C-2351 (La. 05/07/14) [26 pp.]
From LSCR Volume 22, Issue 5 Thelma Dardar injured her back in a work-related accident in 1999 while employed by Trinity United
Methodist Preschool. In 2008, she s... view full summary |
| 21. | Medical treatment schedule also applied in related case.
Callie Ann Cook v. Family Care Services, Inc., 2013-CC-2326 (La. 05/07/14) [5 pp.]
From LSCR Volume 22, Issue 5 In this related case, claimant injured her back while working for Family Care Services, Inc. in 2006.
She underwent surgery in 2007 an... view full summary |
| 22. | Employer entitled to summary judgment where plaintiffs could not meet high burden of proving intentional tort.
Rhonda Danos v. Boh Bros. Construction Co., LLC, 2013-CC-2605 (La. 02/07/14) [3 pp.]
From LSCR Volume 22, Issue 2 While working in the course of his employment with defendant, Ronald Martin was directed to use
a cutting saw to cut a pipe that was l... view full summary |
| 23. | Plaintiffs did not meet substantial certainty test in attempting to avoid exclusive remedy of workers' compensation.
Ashton Miller v. Sattler Supply Company, Inc., 2013-CC-2558 (01/27/14) [3 pp.]
From LSCR Volume 22, Issue 1 Plaintiffs' decedent was killed at work when a large engine block he was cleaning fell on him.
Plaintiffs sued the employer and ... view full summary |
| 24. | Healthcare provider's claim for payment under workers' compensation provisions could be assigned; parties novated original agreement.
Rebel Distributors Corp., Inc. v. LUBA Workers' Comp., 2013-C-1749 (La. 10/15/13) [31 pp.]
From LSCR Volume 21, Issue 10 Plaintiff is a wholesale distributor of pharmaceuticals. In 2007, plaintiff and the St. Thomas Clinic
entered into a "Pharmaceutical S... view full summary |
| 25. | Employer entitled to offset for workers' compensation benefits paid simultaneously with disability retirement benefits, despite alleged representations to employee.
Louisiana Department of Risk Management v. Patrick Richard, 2013-C-0890 (La. 10/15/13) [8 pp.]
From LSCR Volume 21, Issue 10 After Patrick Richard sustained a work-related injury while employed by Louisiana's Department
of Transportation and Development (DOTD... view full summary |
| 26. | Court reversed award of attorney's fees to plaintiff who received workers' compensation and unemployment benefits simultaneously.
Wilfred Fontenot v. State of Louisiana, through the Dept. of Health and Hospitals, 2013-C-1004 (La. 09/13/13) [2 pp.]
From LSCR Volume 21, Issue 9 In October 2009, plaintiff was involved in a work-related accident while in the course and scope of
his employment with the Department... view full summary |
| 27. | Crain Brothers conditions cannot be imposed without a showing that they are reasonably necessary to rectify a dispute concerning the work of the vocational rehabilitation counselor.
Ellis Hargrave v. State of Louisiana, 2012-C-0341 (La. 10/16/12) [21 pp.]
From LSCR Volume 20, Issue 10 Plaintiff slipped and fell in the course of his employment with the Louisiana Department of
Transportation and Developme... view full summary |
| 28. | Summary judgment for employer warranted: wrongful death plaintiff produced no evidence that employer knew death was substantially certain to occur.
Deanna Moreau v. Moreau's Material Yard, 2012-CC-1096 (La. 09/21/12) [3 pp.]
From LSCR Volume 20, Issue 9 Plaintiff's husband was working for defendant when a crane toppled over and trapped him
underneath, killing him. Plaintif... view full summary |
| 29. | Claimant failed to prove unwitnessed accident.
Henry Marange, Jr. v. Custom Metal Fabricators, Inc., 2011-C-2678 (La. 07/02/12) [11 pp.]
From LSCR Volume 20, Issue 7 After working for defendant for about one month, claimant contended he was injured while using
a forty-pound grinder to grind a seam i... view full summary |
| 30. | Claimant not entitled to additional benefits until employer exhausted credit.
James Mercer v. Nabors Drilling USA, L.P., 2011-C-2638 (La. 07/02/12) [5 pp.]
From LSCR Volume 20, Issue 7 Claimant was injured while working for defendant. He received workers' compensation disability
and medical benefits. He also sued a th... view full summary |
| 31. | Employer had no obligation to pay supplemental earnings benefits because jobs were available to former employee, although not offered to her.
Gloria Clay v. Our Lady of Lourdes Regional Medical Center, Inc., 2011-C-1797 (La. 05/08/12) [14 pp.]
From LSCR Volume 20, Issue 5Plaintiff was employed as a supply, purchasing, and distribution technician for Our Lady of Lourdes
Regional Medical Center for twenty-two years and earned approximately $9.95 an hour. Her job dutie... view full summary |
| 32. | Employee not entitled to recover payments made by Medicaid or amount written off by Medicaid providers.
Jerry Wayne Benoit v. Turner Industries Group, L.L.C., 2011-C-1130 (La. 01/24/12) [29 pp.]
From LSCR Volume 20, Issue 1In this workers' compensation case, plaintiff sought indemnity benefits and medical expenses from
his employer, Turner Industries Group, L.L.C. He alleged he developed acute myeloid leukemia during ... view full summary |
| 33. | Appeal court erred in ruling sua sponte without allowing for briefing.
Carrie Burse Merrill v. Greyhound Lines, Inc., 1020-C-2827 (La. 04/29/11) [3 pp.]
From LSCR Volume 19, Issue 4 Plaintiff, a bus driver, filed a compensation claim against defendant, her employer, seeking indemnity
benefits as a result of a work-... view full summary |
| 34. | Settling employee gets future compensation; employer gets credit toward future medical costs from settlement proceeds.
City of DeQuincy v. Randy James Henry, 2010-C-0070 (La. 03/15/11) [14 pp.]
From LSCR Volume 19, Issue 3 In November 2000, Randy James Henry, a police officer for the City of DeQuincy, suffered severe
disabling injuries when he came into c... view full summary |
| 35. | Injured worker furloughed after hurricane not entitled to benefits.
Emile Poissenot v. St. Bernard Parish Sheriff's Office, 2009-C-2793 (La. 01/09/11) [18 pp.]
From LSCR Volume 19, Issue 1 Plaintiff was employed by the St. Bernard Parish Sheriff's Office (SBPSO) as a deputy sheriff at a
juvenile detention center. In Septe... view full summary |
| 36. | Plaintiff's claim of unwitnessed injury not credible.
Kenneth Ardoin v. Firestone Polymers, LLC, 2010-C-0245 (01/19/11) [14 pp.]
From LSCR Volume 19, Issue 1 Plaintiff worked as a batch lab analyst for defendant. He was required to ride a bicycle to a reactor
unit, climb 28 stairs, collect s... view full summary |
| 37. | Value of plaintiff's fringe benefits should not be included in weekly wage.
Ellis Hargrave v. State of Louisiana, 2010-C-1044 (La. 01/19/11) [12 pp.]
From LSCR Volume 19, Issue 1 Plaintiff was employed by the State, through the Department of Transportation and Development
(DOTD), as a mobile machine operator. He... view full summary |
| 38. | Surveillance video properly provided to non-IME physicians.
Iberia Medical Center v. Wendy Ward, 2009-C-2705 (La. 11/30/10) [26 pp.]
From LSCR Volume 18, Issue 12Wendy Ward was employed as a relief food service worker at Iberia Medical Center when she
allegedly injured her left hand on February 3, 2006, while moving a large food cart into a se... view full summary |
| 39. | PPO discounts for workers' compensation claims upheld.
Agilus Health v. Accor Lodging North America, 2010-C-0800 (La. 11/30/10)[19 pp].
From LSCR Volume 18, Issue 12Plaintiff is a healthcare provider. In 2004 it executed a contract to join First Health's network of
providers and payors. Plaintiff agreed to accept discounted rates from network payors for certain... view full summary |
| 40. | Plaintiffs did not meet intentional act exception to workers' compensation law.
Melvin Batiste v. Bayou Steel Corp., 2010-CC-1561 (La. 10/01/10) [4 pp.]
From LSCR Volume 18, Issue 9Melvin Batiste began his employment with defendant in 1981. From 1987 until 2004, his primary
responsibilities included installing new electrodes on the electrode arms of the No. 1 Furnace. He perfo... view full summary |
| 41. | Terminated employee injured while cleaning out personal effects entitled toworkers' compensation.
Jerome C. Ardoin, Jr. V. Cleco Power, L.L.C., 2010-C-815 (La. 07/02/10) [4 pp.]
From LSCR Volume 18, Issue 7 Plaintiff, a Cleco employee, was discharged on a Friday at Cleco's Work Center in Opelousas. Plaintiff's office was located in Eunice. He re... view full summary |
| 42. | Video surveillance should be given to IME physician.
Jesse Bazile v. Bayou Steel Corporation, 2010-CC-0982 (La. 07/06/10) [2 pp.]
From LSCR Volume 18, Issue 7 In this case, Bayou Steel Corporation filed a motion with the Office of Workers' Compensation (OWC) to submit certain evidence to the physic... view full summary |
| 43. | Prescription on workers' compensation claim interrupted by previously filedtort suit.
Linda Torres v. Louisiana Shrimp and Packing Company, 2009-C-2792 (La. 04/09/10) [1 p.]
From LSCR Volume 18, Issue 4 In an earlier case, plaintiff filed a tort suit against defendant. Defendant filed an exception of prescription, which it subsequently withdrew. The district court dismissed the tort suit. Plaintiff ... view full summary |
| 44. | Subsequent accident did not result from work injury, and is not compensable under the WCA.
Marvin W. Buxton v. Iowa Police Department, 2009-C-0520 (La. 10/20/09) [25 pp.]
From LSCR Volume 17, Issue 10 Claimant Buxton was working as a corporal for the police department on May 7, 2004 in Iowa, Louisiana when his police cruiser was struck by ... view full summary |
| 45. | Binding arbitration clause inserted into closing documents is valid and enforceable.
Shaun Coleman v. Jim Walter Homes, 2008-CC-1221 (La. 3/17/09) [10 pp.]
From LSCR Volume 17, Issue 3 In 2004, plaintiffs Shaun Coleman orally contracted with Jim Walter Homes (JWH) to build a residence in Natchitoches. At the closing on Dece... view full summary |
| 46. | UM carrier entitled to summary judgment on waiver issue; supervisory writ granted.
Carla Gingles v. Kinnery Dardenne, 2008-C-2995 (La. 3/13/09) [3 pp.]
From LSCR Volume 17, Issue 3 The instant litigation arises from an automobile accident involving a vehicle operated by the plaintiff Carla Ann Gingles, and owned by her ... view full summary |
| 47. | Corporate representative need not recite his authority on UM waiver form.
Grace R. Harper v. Direct General Ins. Co., 08-CC-2874 (La. 2/13/09) [4 pp.]
From LSCR Volume 17, Issue 3 Plaintiff Billy Joe Ansiel, Jr. suffered personal injuries in an automobile accident involving a vehicle owned by his employer, Sears, Roebu... view full summary |
| 48. | Fax filing requires only that the filer "send" the originals within 5 days.
Hunter v. Morton's Seafood Restaurant & Catering, 2008-C-1667 (La. 3/17/09) [11 pp.]
From LSCR Volume 17, Issue 3 On March 10, 2006, plaintiff Peggy Hunter (Hunter) was injured when she fell as she was leaving defendant Morton's Seafood Restaurant. Almos... view full summary |
| 49. | District court must make a specific determination that constitutional issue is essential to disposition of the case.
David Paul Rogoz v. Tangipahoa Parish Council, 08-CA-2789 (La. 1/30/09) [6 pp.]
From LSCR Volume 17, Issue 3 Plaintiff David Paul Rogoz applied to Tangipahoa Parish for a permit to sell alcoholic beverages at his business, the "Double D Saloon." Pur... view full summary |
| 50. | Workers' compensation rulings need not be reheard by a five-judge panel, overruling controlling precedent.
Snowton v. Sewerage and Water Bd., 2008-C-0399 (La. 3/17/09) [15 pp.]
From LSCR Volume 17, Issue 3 Plaintiff Snowton suffered a work-related injury to his lumbar spine, and thereafter began receiving temporary total disability (TTD) benefi... view full summary |
| 51. | Third-party demand against PPO not within WCA jurisdiction; supervisory writ granted.
Broussard Physical Therapy v. Family Dollar Stores, 2008-CC-1013 (La. 12/2/08) [13 pp.]
From LSCR Volume 16, Issue 12 Broussard Physical Therapy ("Broussard") filed a disputed claim for compensation against an employer, Family Dollar Stores, ("Family Dollar"... view full summary |
| 52. | Gross or wanton negligence is not intentional conduct under the WCA.
Simoneaux v. Excel Group, 06-CC-1050 (La. 9/1/06) [3 pp.]
From LSCR Volume 14, Issue 9 Plaintiff Simoneaux was on the job installing conduit at the Dow plant in Plaquemine, Louisiana. As plaintiff bent down to retrieve a tool, ... view full summary |
| 53. | Failure to report non-work-related injury forfeits benefits.
Haynes v. United Parcel Service, 05-C-2378 (La. 7/6/06) [7 pp.]
From LSCR Volume 14, Issue 7 Claimant Haynes sustained head and neck injuries during his employment with the United Parcel Service, and began receiving medical and indem... view full summary |
| 54. | Hearing officer's prior service as mediator disqualifies her to preside over same case; supervisory writ granted.
Rodrigue v. Lafourche Parish Sch. Bd., 06-CC-0459 (La. 5/5/06) [2 pp.]
From LSCR Volume 14, Issue 5 In this workers' compensation litigation, the parties appeared for a mediation conference before attorney Lanier, who served as a mediator f... view full summary |
| 55. | Emergency physician was claimant's "physician of choice."
Snearl v. Kelly's Industrial Services, 06-CC-0218 (La. 3/17/06) [3 pp.]
From LSCR Volume 14, Issue 3 Claimant Alton Snearl was injured in the course and scope of his employment with Kelly's Industrial Services, Inc. ("Kelly") when a "bush ho... view full summary |
| 56. | TTD "developing injury" claim relates back to original SEB claim and is not prescribed.
Donald J. Winford v. Conerly Corporation , 2004-C-1278 (La. 03/11/05) [20 pp.]
From LSCR Volume 13, Issue 3 Claimant Winford ("Winford") injured his hip and back when he fell 7 feet to the pavement while discarding wooden pallets for his employer C... view full summary |
| 57. | Trahan v. Coca Cola Bottling Company United, Inc.,
2004-C-0100 (La. 03/03/05) [28 pp.]
From LSCR Volume 13, Issue 3 Ronald K. Trahan ("claimant") was injured in the course and scope of his employment with Coca Cola Bottling Company United, Inc. ("defendant... view full summary |
| 58. | Insurance agent's commissions are not civil fruits; distinguishing recent
precedent.
Lanza v. Lanza, 2004-C-1314 (La. 3/2/05) [18 pp.]
From LSCR Volume 13, Issue 3 Lanza (husband) and Coudrain (wife) were married in 1975. Lanza signed an agency contract with State Farm in 1981, and operated the Lou Lanz... view full summary |
| 59. | Amendments to WCA increasing employer's credit against SEB not retroactive; resolving a split in the circuits.
Frith v. Riverwood, Inc., 2004-C-1086 (La. 01-19-05) []
From LSCR Volume 13, Issue 1 Claimant Frith, a forklift operator for Riverwood, Inc., injured her back at work in March, 1989. She eventually stopped working and was dia... view full summary |
| 60. | Interest does not run on penalties or attorney's fees unless prayed for.
Smith v. Quarles Drilling Co., 04-C-0179 (La. 10/29/04) [10 pp.]
From LSCR Volume 12, Issue 11 Claimant Smith filed for worker's compensation benefits, penalties, and attorney's fees. The claim did not request judicial interest on any ... view full summary |
| 61. | Injury on the way to construction site compensable under the WCA.
Dean v. SouthMark Const., 2003-C-1051 (La. 7/6/04) [16 pp.]
From LSCR Volume 12, Issue 7 Claimant Dean was hired as a laborer by subcontractor Markle, who was laying foundations for houses built by defendant SouthMark Constructio... view full summary |
| 62. | Employer-employee compensation reimbursement agreement unenforceable.
Jones v. General Motors Corporation, 2003-C-1766 (La. 4/20/04) [20 pp.]
From LSCR Volume 12, Issue 6 Claimant Alma M. Jones sustained a work-related injury at the General Motors Corporation assembly plant in Shreveport on January 15, 1999, n... view full summary |
| 63. | Claimant may not "transfer" his claim to another district by refiling.
Lewis v. Folger's Coffee Co., 03-CC-3127 (La. 2/13/04) [2 pp.]
From LSCR Volume 12, Issue 3 Claimant filed a workers' compensation claim in OWC District 6, St. Tammany Parish. The employer filed a petition for forfeiture of benefits... view full summary |
| 64. | Claimant's failure to disclose a pre-existing, unrelated injury does not result in forfeiture of benefits.
Nabors Drilling USA v. David Davis, 2003-C-0136 (La. 10/21/03) [21 pp.]
From LSCR Volume 11, Issue 11 The Court granted certiorari and reversed. The "Second Injury Fund" statute,... view full summary |
| 65. | Notice of "denial" of benefits is sufficient to warn of potential "forfeiture" of benefits; resolving a split in the circuits.
Stiner v. Antoni's Italian Caf?, 03-C-0209 (La. 10/21/03) [12 pp.]
From LSCR Volume 11, Issue 11 Claimant Stiner fell from a ladder on the job, sustaining injuries to her back, neck, and stomach. Indemnity and medical benefits were paid ... view full summary |
| 66. | Penalties for wrongfully reducing benefits construed.
Gwendolyn Chelette v. Riverwood International USA, Inc., 03-C-1483 (La. 10/17/03) [2 pp.]
From LSCR Volume 11, Issue 11 The only issue on this application for certiorari was "whether the court of appeal erred in affirming an award of a penalty pursuant to LSA-... view full summary |
| 67. | Medical report constitutes "expert testimony" for establishing occupational disease.
Fite v. Louisiana Title Co., 2002-C-2607 (6/27/03) [3 pp.]
From LSCR Volume 11, Issue 7 Claimant's award for worker's compensation for an occupational disease was overturned by the Second Circuit, on the grounds that (1) no expe... view full summary |
| 68. | "Two contracts" defense contains no temporal requirement, resolving a split in the circuits.
Allen v. State, E rnest N. Morial - New Orleans Exhibition H all Auth., 02-C -1072 (La. 4/9/03) [16 pp.]
From LSCR Volume 11, Issue 4 Defendant Convention Hall had a longstanding contract with Aramark to provide catering services for conventions. During a convention of ACE ... view full summary |
| 69. | Prescriptive period for claim for SEB is three years after payment of any indemnity; resolving a split in the circuits.
Durfresne v. Video Co-op, 2002-C -1147 (La. 4/9/03) [19 pp.]
From LSCR Volume 11, Issue 4 Claimant was seriously injured on the job, received temporary total disability ("TTD") benefits for the next four months, and then received ... view full summary |
| 70. | Prescription of medicals claim not interrupted by payment of indemnity,
resolving a split in the circuits.
Bouquet v. Tetra Technologies, Inc., 2002-C-1634 (La. 2/25/03) [8 pp.]
From LSCR Volume 11, Issue 3 Worker's compensation claimant was paid indemnity benefits for ten years, from 1990 to 2000. He did not file a claim for medical benefits, b... view full summary |
| 71. | Failure to authorize and prepay for medical treatment subjects employer to penalties, resolving a split in the circuits.
Ronald Joseph Authement
v. Shappert Engineering (OW C District 9), 2002-C-1631 (La. 2/25/03) [13 pp.]
From LSCR Volume 11, Issue 3 Claimant Authement injured his right ankle on the job in May, 1997. In January, 2000, an orthopedist recommended that Authement be given a f... view full summary |
| 72. | Multiple penalties available for multiple infractions by employer; voc-rehab must concentrate on employee's area.
Fontenot v. Reddell Vidrine Water Dist., 2002-C-0439 (La. 1/14/03) [22 pp.]
From LSCR Volume 11, Issue 1 These two consolidated appeals from worker's compensation awards involve two separate legal issues: (1) assessment of multiple penalties aga... view full summary |
| 73. | Fraudulent mileage claim forfeits all worker's compensation benefits.
St. Bernard Parish Police Jury v. Duplessis, 02-C-0632 (La. 12/4/02) [9 pp.]
From LSCR Volume 10, Issue 12 Worker's compensation claimant was found to have fraudulently inflated mileage incurred for medical treatment, which he submitted to his worker's compensation payor for reimbursement. The payor moved... view full summary |
| 74. | Death and burial expense benefits prescribe one year from date of death.
Jonise v. Bologna Brothers, 01-C-3230 (La. 6/21/02) [10 pp.]
From LSCR Volume 10, Issue 7 Plaintiff's decedent collapsed while at work and was pronounced dead on arrival at the hospital. More than one year after his death, plaintiff filed with the OWC a disputed claim for death benefits a... view full summary |
| 75. | Hearing officer not empowered to order employer to replace case manager.
Martin v. Davison Transport, Inc., 01-C-3143 (La. 2/22/02) [3 pp.]
From LSCR Volume 10, Issue 3 Worker's compensation claimant filed a claim with the OWC alleging that his former employer had interfered with his medical care; had refused to consent to medical needs, such as a wheelchair; and ha... view full summary |
| 76. | Unjustified demotion not a compensable "mental/mental" injury under LWCA.
Partin v. Merchants and Farmers Bank, 01-C-1560 (La. 3/15/02) [16 pp.]
From LSCR Volume 10, Issue 3 Claimant bank manger was demoted for failure to note a $5.00 discrepancy between a teller and a vault teller. Her thirteen-year employment record otherwise contained indications of satisfactory perfo... view full summary |
| 77. | In-house beautician not an employee of nursing home.
Hillman v. Comm-Care, Inc., et al., 01-C-1140 (La. 1/15/02) [14 pp.]
From LSCR Volume 10, Issue 1 Worker's compensation claimant was working part-time as the in-house beautician for a nursing home, when she hurt her back lifting a nursing... view full summary |