What do the movie, “Charlie and the Chocolate Factory,” and final judgments have in common? Both require a “golden ticket” to succeed in the next phase. In Charlie and the Chocolate Factory, each contestant must have a golden ticket to gain access to Willy Wonka’s Chocolate Factory. In trial-level court…
Articles Posted in Pain And Suffering Claims
Can a Worker’s Compensation Claimant Receive Spinal Cord Stimulator Treatment in Louisiana?
Injuries sustained on the job present challenges for the employee and employer, especially when multiple sites of injury are involved. In addition, injuries all over the body can require different medical treatments for each affected area. Specialized treatments such as a spinal cord stimulator can be recommended to alleviate pain…
Plaintiff Fails to State Slip and Fall Claim Against Metairie Cafe Owner
Slip and fall claims are among the most common types of personal injury lawsuits. But how do you ensure that your claim makes it through the legal process? A dismissed case against a Metairie restaurant can show you what mistakes to avoid in setting up your slip-and-fall claim for success. …
I lied in a pre-employment medical questionnaire. What are the consequences?
Medical conditions can be a sensitive topic for both employers and employees. While employers are extremely cautious in not asking discriminatory questions, the employees may still be reluctant and afraid to lay all cards on the table. Understandably, workers who suffer from pre-existing medical conditions feel that they don’t need…
Workers’ Compensation Claim Denied For Failure To Seek Preapproval
It can be a long road to recovery from a work-related injury. If you or a loved one suffered an injury on the job, it is crucial to understand the workers’ compensation system to comply with all the requirements to receive any compensation to which you are entitled. Carl Gabriel…
First Circuit Court of Appeal Affirms Decision That Employee Was Entitled to Compensation From Work Related Back Injury (Part 1)
An employee suffering an injury at work can be concerning for both the employee and employer. This concern can be increased when the injury sustained at work is an aggravation of a previous injury. However, as one Louisiana individual discovered, providing solid evidence backing your workers’ compensation claim can be…
Injured Worker’s Lawsuit Rejected for Failing to Show Any Genuine Issue of Material Fact
Most court cases do not proceed to actual trial. In the context of criminal cases, the defendants often accept plea deals. In the context of civil cases, however, parties often settle or the case is simply dismissed through motion practice. For a plaintiff to succeed in a civil case, he…
Does Your Work-Related Accident Qualify for Workers’ Compensation Benefits?
What may seem like a simple worker’s compensation claim can turn into a surprisingly complicated dispute over the nature of the injury and the payment of benefits. For many years, Reginald Crockerham worked as a forklift operator for Weyerhaeuser Holden Wood Products in Tangipahoa Parish. After almost two years of…
Baton Rouge Parent Denied Compensation Resulting from Son Abandoned on School Bus
How much of an award or compensation could a parent expect when a school board is found liable for inflicting trauma on a child? A trauma to a child would have a profound effect on the parent as well as the child. Is it not reasonable to expect the school…
Baton Rouge Restaurant Owner Not Responsible for Slip and Fall Accident
The following scenario is not uncommon. Person enters restaurant without incident. Same person exits restaurant, fails to notice the one-step curb just beyond the door, falls, gets injured, and files a lawsuit against the restaurant. When is a restaurant owner responsible for such an incident? A recent case out of…