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Articles Posted in Workers Compensation

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Injured Employee Argues New Orleans Trial Court Judgment was Premature due to Inadequate Discovery

Imagine getting hurt on the job, seeking help from a good attorney, following all the court’s requirements, and still having all your claims denied because your opponent did not appear for a deposition. For Raymond Schultz (“Schultz”), an employee of Blanchard Contractors, this scenario became his reality after the District…

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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…

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Louisiana Man Denied Texas Workers’ Compensation Because He Was Not a Texas Employee

The importance of legal contracts cannot be understated. Though we generally sign contracts on social media or online shopping websites without ever looking at their provisions, it is essential to carefully look at contractual provisions in insurance policies and the like. For example, you never want to discover that your…

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Can Independent Contractors Performing Manual Labor Receive Workers’ Compensation Benefits in Louisiana?

There are many ways that someone can be denied workers’ compensation benefits. Sometimes it is determined that the accident giving rise to the injury never occurred, other times the claim is filed too late, and in other cases the capacity in which the worker was hired determines eligibility for benefits.…

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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…

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Wrong Address of Defendant Without Due Diligence Leads to Dismissal of Case

The equivalence of “dotting the i’s and crossing the t’s” in the law is making sure to comply with court procedural rules. One such basic civil court procedure rule is proper service. Proper service is critical in establishing that a court has legal jurisdiction over a defendant. The defendant has…

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Lake Charles Oil Spill Case Affirms and Explains High Damage Award

What happens if you are exposed to something dangerous at work?  In the not too distant past, there would be no hope of restoration and only devastation. Today, with gratitude to some excellent lawyers and lawmakers, there are legal protections for people who are exposed to hazardous working conditions.  Negligent…

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Dismissal of Former Police Officer’s Lawsuit is Affirmed for No Cause of Action

Courts are often overflowing with frivolous lawsuits. In order to remedy this, defendants can file an exception for no right of action. If granted, the lawsuit is dismissed because the plaintiff cannot prove any facts that would support the claim.  Emanuel Smith III worked as a police officer for a…

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East Baton Rouge Worker’s Claim Upheld after LA Workforce Commission Fails to Pay His Wages

Perhaps one of the biggest myths about the law is that you can bring a lawsuit anywhere about anything. In reality, a court must have jurisdiction in order to hear a case. Jurisdiction is the power of a legal body to make binding decisions over the people involved.  In addition…

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What are Workers’ Rights When Taking a Leave of Absence?

Learning of an illness is always terrifying. But what happens when it affects your everyday life and your ability to work? Hopefully, for most, the illness passes quickly. However, for people with chronic health issues, extended absences from work may cause issues at work, despite statutory protections. Experienced attorneys can…

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