Worker’s compensation (WC) is a system designed to compensate workers for injuries that occur on the job. The system also helps to spread the risk of loss among numerous employers, similar to an insurance arrangement that employers pay into. Still, employers have an interest in ensuring that WC claims are…
Articles Posted in Admiralty/Maritime
Seaman’s Unrepresented Release Enforced on Appeal of Summary Judgment
Long considered “wards of admiralty,” courts carefully scrutinize the treatment of seamen, particularly in cases where substantial legal rights are involved. One such case involves the execution of a release with a seaman, particularly when the seaman is unrepresented and in claims of personal injury. Generally, in a personal injury…
Louisiana Circuit Court Affirms Dismissal of Emotional Distress Lawsuit in Helicopter Crash Case
For a negligence lawsuit to have any chance of survival, an essential element is to show the plaintiff had damages. Often these damages are obvious physical injuries. Sometimes however, damages claimed are for emotional distress. Due to its intangible nature, emotional distress can be extremely difficult to prove and a…
Requirements for Claims under the Oil Pollution Act
Waiting until the last minute to do almost anything is not recommended but it is especially true if you are seeking to bring a claim for damages. That is what some fishermen found out when they sought to bring claims under the Oil Pollution Act of 1990 (OPA) for damages…
Court Affirms Decision for Employer to Pay Injured Employee’s Surgery under Longshore and Harbor Workers’ Compensation Act
The fate of a claim brought under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) is often determined based upon the weight the Administrative Law Judge (“ALJ”) gives certain evidence. But how should the ALJ weigh conflicting evidence from different sources? This question was recently addressed by the United States…
One Three Letter Word in an Insurance Policy Can Have Six Figure Implications
In the insurance industry, one of the most important issues to consider when determining whether a claim is covered under a policy is the wording of the contract. Whether it is home, auto, life, or, as in this case a marine insurance policy, the exact words of the contract will…
No Relief in Sight? Work Injury Case Out of Venice, Louisiana is Resurrected by Court of Appeal
Decisiveness can be an excellent quality, especially in a judge. Court dockets are usually quite full and it can take a very long time for cases to be resolved. Whenever there is a confusion over which law to apply, however, patience is the greater virtue. In a lawsuit, lawyers will…
Louisiana Future Lost Wages Award Reduced Based on Lack of Evidence for Longer Work-Life Expectancy
Sometimes we are asked to do a task at work that we do not feel qualified to perform. We think things like, “Hey, that wasn’t in my job description.” Well, that’s essentially what happened to Mark Barto but, unfortunately, attempting to perform his assigned task resulted in a back injury…
Louisiana Seaman Loses Lawsuit Due to Insufficient Evidence and Conflicting Testimony
On the sea, a life jacket can save your life. In the courtroom, the life jacket that can save your case is provable and relevant facts. Seaman, Frank Glaze, recently found this to be true when a Louisiana Court dismissed his Jones Act personal injury case due to a lack…
Slip and Fall Case From Eastern District of Louisiana Focuses on Weight of Evidence and Flip Flops
Evidence in a trial can take almost any shape or form. For murder trials, people think of weapons. For fraud cases, perhaps incriminating documents comes to mind. For a personal injury case, the options are almost limitless yet likely “flip flop” is not the first image that pops up; especially…