Whiteley & May is a specialty law firm with years of litigation experience representing insurance and Claims Management companies in Louisiana and Texas. We excel in the court room. We specialize in workers’ compensation, employer liability and insurance defense.
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Prescription on Claims for Contribution Between Employers or Insurers is governed by La. R.S. 23:1209
In a case handled by Whiteley and May Law Firm on behalf of a subsequent insurer seeking contribution from a prior insurer, the First Circuit Court of Appeal confirmed that prescription on contribution claims is governed by La. R.S. 23:1209. Big 4 Trucking, Inc. v. N.H. Ins. Co., 2017 0420 (La. App. 1 Cir. 11/1/17), 233 So.2d 686. The prior insurer argued that a one-year prescriptive period applied to all […]An Employee Who Attempts to Impose Conditions on a Vocational Counselor Before Accepting Vocational Services May Have Benefits Reduced by 50% for Refusing to Cooperate in Vocational Rehabilitation
On February 6, 2019, the Louisiana Third Circuit Court of Appeal affirmed the reduction of an employee’s benefits by 50% when the employee refused to meet with a vocational counselor until the counselor agreed in writing to conditions demanded by the employee. Nero v. Allied Waste Services, 15-501 (La. App. 3 Cir. 2/6/19). La. R.S. 23:1226 (B)(3)(c) provides for a reduction of benefits by 50% for each week that an […]Exclusive Remedy Provisions Apply to Minors Illegally Employed or Engaged in Illegal Tasks
On January 30, 2019, the Louisiana Supreme Court resolved a conflict among Louisiana appellate courts and confirmed that the exclusive remedy provisions of workers’ compensation law apply even when the injured worker is a minor who was illegally hired and was engaged in a task prohibited by Child Labor Law at the time of injury. Griggs v. Bounce N’ Around Inflatables, L.L.C., 2018-0726 (La. 1/30/19). In Griggs, the injured employee […]
