March 26, 2019
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 […]
March 26, 2019
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 […]
March 26, 2019
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 […]
January 21, 2019
The Louisiana Supreme Court has held that the employer has the right to choose the pharmacy which an injured worker must use for medication in a worker’s compensation claim. “La. R.S. 23:1203(A) provides that “the employer shall furnish [**15] all necessary drugs.” Nowhere in the statute does the legislature provide the employee with the right to choose a pharmaceutical provider from which to obtain the necessary prescription drugs. By contrast, […]
February 19, 2014
The Louisiana Workers’ Compensation Act lists by priority the persons that may be eligible to receive death benefits when a worker dies as the result of a job accident. After the surviving spouse, children, parents, and siblings, benefits are payable to “other dependents.” La. R.S. 23:1232. To qualify as an “other dependent,” a person must be related to the deceased employee or be a “member of the family” of the […]