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Articles Posted in Workers Compensation

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When Do Employers Have To Pay Penalties And Attorney Fees For Denying A Workers’ Compensation Claim?

If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees? Betty Citizen hurt her back while…

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What Are The Timing and Bond Requirements For Appealing a Workers’ Compensation Judgment?

While involved in a legal dispute, there are strict timelines that must be followed, not only for filing an initial lawsuit, but also for filing any subsequent appeals. However, arguments can arise about what timeline applies to a certain factual situation.  Angela Jackson was injured while working at Family Dollar.…

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Worker Did Not Commit Fraud In Pre-Work Medical History Questionnaire

Honesty is the best policy. This is especially true in the workers’ compensation space, because if you are found to have been fraudulent, you forfeit your right to workers’ compensation benefits.  Before Alex Turner started working for Chicago Bridge, he completed the Louisiana Office of Workers’ Compensation Second Injury Questionnaire.…

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When Is An Employee Entitled To Select A Physician For A Workers’ Compensation Claim?

When receiving medical care, the choice of medical professional can influence your treatment. If you have been injured on the job, you might not be sure if you can pick your own doctor or if you have to use a doctor your employer selects. Under the Louisiana Workers’ Compensation Act,…

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The Consequences of Lying in A Louisiana Workers’ Compensation Claim

What are the consequences of lying in a workers’ compensation claim? They can be harsh, as shown in the following lawsuit. Betty Reeder, a Certified Nursing Assistant (CNA) at Hardtner Medical Center, found herself embroiled in a legal battle after suffering an injury on the job. This article examines the…

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Louisiana Court Reverses Summary Judgment, Permits Plaintiff to Continue Discovering Facts

The discovery process of litigation is vital to a well-informed judgment rendered by the court. But discovery can be halted, disrupted, or dismantled by various motions. Finding and gathering all the necessary information in a lawsuit is incredibly important for all sides. Still, it requires showing a need for that…

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Should an employer continue to pay Workers’ Compensation Benefits even after an employee has fully recovered?

Should an employer continue to pay for work-related injuries even after an employee has “fully recovered”? At issue is a decision that terminated an employee’s entitlement to certain benefits. After the employee suffered a work-related injury and received temporary total disability benefits, her former employer, The Walgreen Company, filed a…

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When Do Workers’ Compensation Payments Preclude Claims Against Automobile Insurers?

Ordinarily, when one is involved in an automobile accident, the injured party files a claim with the at-fault driver’s insurance company.  When a person is involved in an accident with a co-worker in the course of their employment duties, however, the injured party may collect workers’ compensation instead. Can the…

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Which Court Has Jurisdiction in a Workers’ Compensation Case Involving Multiple States?

It’s pretty common for large corporations to conduct business across multiple state lines. So, too, it’s expected that employees for these types of companies will also have connections with multiple states based on their employment with the corporation. In these situations determining which state and Court has jurisdiction over legal…

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What Happens When You File a Claim For Workers’ Compensation in the Wrong Court?

Getting workers’ compensation from an employer is already difficult, but it is even more so when the claim is filed in the wrong court. Although employees are entitled to workers’ compensation, the claim has to be filed in the correct jurisdiction. The following case shows what happens when you are…

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