Workers Compensation

August 29, 2023

The Consequences of Lying in A Louisiana Workers’ Compensation Claim

lying_promises_deception_dishonesty-1024x768 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 details of the lawsuit, delves into the relevant Louisiana workers’ compensation law, and analyses the Appeals Court decision that shaped the outcome.

The chain of events leading to the lawsuit began in January 2013, when Betty Reeder tripped and fell on a wheelchair while performing her duties as a CNA. Following the accident, she received financial and medical support from the Louisiana Hospital Association Workers’ Compensation Interlocal Risk Management Agency through its agent, HSLI. She received weekly payments based on her average weekly wage for over a year, totaling approximately $23,000.

However, the situation took a contentious turn when HSLI accused Reeder of making false statements to obtain compensation. The case went to trial, with Reeder having to forfeit her right to workers’ compensation benefits by violating La.R.S. 23:1208. Faced with the Workers Compensation Judge’s (WCJ) initial ruling against her, Reeder appealed the decision and sought a reconsideration of her case.

August 24, 2023

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

by Berniard Law Firm

site_truck_vehicle_transport-1024x683 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 information and the presence of facts in dispute. Identifying and presenting disputed facts of a case is necessary to help protect your case from a summary judgment dismissal.

Heniff Transportation, LLC (“Heniff”) was a licensed professional truck driver transporting dangerous chemicals. One of the plaintiffs, Carl Davis, was a self-employed independent contractor working for Heniff. During this work, Carl attempted delivery of a tank of hydrochloric acid to GEO Specialty Chemicals (“GEO”). GEO personnel found defects in the tank, which Heniff owned. To address the defect, Heniff directed Carl to have Bastrop Tank Wash (“Bastrop”) repair the tank. Bastrop allegedly repaired the tank, but when Carl and GEO later began transferring the hydrochloric acid from the tank, the allegedly repaired hose ruptured, hydrochloric acid escaped from the fittings, and Carl’s required protective gear was knocked off his body. As a result, Carl suffered injuries to his eyes, face, and body.

Carl and his wife, April, sued Heniff, Bastrop, GEO, Sparta Insurance (later replaced by Arch Insurance), ABC Insurance, and DEF Insurance, for damages and loss of consortium. In response, Bastrop filed for summary judgment, arguing that the part of the exploded hose was not a part that Bastrop repaired.

August 20, 2023

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

by Berniard Law Firm

worker_shoes_shoes_work-1024x768 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 motion to modify the judgment. This led to litigation and a subsequent appeal.

Former Walgreens employee Alyce Mouton, a resident of Metairie, Louisiana, was injured while performing her duties at Walgreen Drug Stores in that city. Initially, the Workers’ Compensation Judge (WCJ) of the Louisiana Fifth Circuit Court of Appeal ruled in her favor, awarding her temporary total disability benefits and ordering Walgreens to pay for all reasonable and necessary medical treatment resulting from her workplace injuries. However, Walgreens later filed a motion to modify the judgment, alleging a change in Mouton’s condition and seeking to convert her benefits from temporary total disability to supplemental earnings benefits (SEBs). This dispute eventually led to an appeal when Mouton challenged the decision. See Mouton v. Walgreen Co.

In Louisiana, the workers’ compensation system is governed by specific laws designed to protect the rights of both employees and employers. One such statute is Louisiana Revised Statutes 23:1310.8. This statute grants the WCJ continuing power and jurisdiction over each case. It allows for modifying or amendment of prior findings or orders when such changes are warranted in the judge’s opinion. In addition, the statute allows for review of any award upon motion of a party, particularly in cases where there has been a change in circumstances. The WCJ may then enter an award that terminates, reduces, or increases the compensation previously awarded.

August 19, 2023

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

by Berniard Law Firm

car_accident_bellingham_fire-1024x683 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 injured employee “double-dip” and also collect under a Uninsured/underinsured motorist policy? This was the issue in a recent case out of Delcambre, Louisiana.

Annique Johnson, Wanda Theriot, and Emily Laester were employees of Le Bon Manger, Inc. While acting within the course and scope of their employment; the employees were in a car accident while Laester was driving. Laester was at fault, and the employees sustained injuries. Johnson and Theriot filed claims for workers’ compensation benefits and settled those claims. Later, Johnson and Theriot (Plaintiffs) filed a civil lawsuit against their employer, Laester, and State Farm under separate policies for each party. State Farm filed a motion for summary judgment to dismiss the case because the Plaintiffs already collected under workers’ compensation law. The plaintiffs appealed to the Louisiana Third Circuit Court of Appeal.

Under Louisiana law, fellow employees have statutory immunity from lawsuits brought by co-employees for which workers’ compensation laws provide the sole remedy. See La. R.S. 23:1032. This lack of standing to bring a lawsuit automatically means there can be no lawsuit against the co-employee car insurance company. See Hebert v. Clarendon Am. Ins. Co. Essentially, the availability of workers’ compensation erases the existence of an uninsured/underinsured motorist and erases the availability of that coverage.

August 13, 2023

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

by Berniard Law Firm

texas_flag_texas_flag-1024x683 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 claims when such issues arise can become an incredibly fact-specific inquiry. This was the case for one Workers’ Compensation Judge (“WCJ”), who found that the Office of Workers’ Compensation (“OWC”) located in Lafayette, Louisiana had subject matter jurisdiction to decide the legal claims of a former Tyson-employed truck driver.

Frank Verret (“Mr. Verret”), a Louisiana resident, was hired as a long-haul truck driver for Tyson Foods, Inc. (“Tyson”) in 1999. Initially, he drove to a Tyson facility in Center, Texas, to apply for a position and later called to inquire about the status of his application from his home in Louisiana. During that phone call, Mr. Verret claimed that Tyson hired him for the long-haul truck driver position. Afterward, he drove back to Texas, picked up his truck, and began employment.

Years later, in 2015, while driving his Tyson truck through Oklahoma, Mr. Verret crashed into the median barrier. Mr. Verret was hospitalized and treated for his injuries in Oklahoma, then was sent to Texas for an employer-mandated drug screening before returning to Arkansas, where he had begun his route before the crash. A few months after the crash, a then-retired Mr. Verret filed a Disputed Claim for Compensation against Tyson.

July 13, 2023

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

by Berniard Law Firm

court_justice_interior_architecture-1024x768 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 injured while working and attempt to file a claim for workers’ compensation in a state where you were not employed.

Louisiana resident Lemcy Cortez was hired by Triple F Oil Field Service, LLC, to drive trucks in Oklahoma. The day after he arrived in Oklahoma, Cortez was involved in an automobile accident that allegedly led to elbow and back injuries. He filed a Disputed Claim for Compensation in the Louisiana Office of Workers’ Compensation (OWC) against Triple F and its insurer for workers’ compensation benefits which he alleged his employer refused to pay. Triple F and its insurer claimed Cortez lacked subject matter jurisdiction. Triple F believed Cortez was hired in Oklahoma, and Cortez believed he was hired in Louisiana.

Cortez claimed he was hired over the phone in Louisiana, but in his recorded statement to the insurance company’s interviewee, he stated he was hired by Triple F in Oklahoma. Cortez offered two affidavits to support his position that he was hired in Louisiana. In the first, he claimed he contacted Triple F about the job while he was in Louisiana. He claimed he was contacted by Triple F in Louisiana when he was offered the job and accepted it over the phone. In the second, he claimed the company’s Vice President called him to offer him the job, and he knew Cortez lived in Louisiana. In addition, he claimed he understood he had been officially hired by Triple F at that point, and the company had made living arrangements for his move to Oklahoma.

July 10, 2023

Lafayette Court Denied Retaliatory Discharge Claim, Instead Found Employer to be “Very Accommodating”

by Berniard Law Firm

washington_dc_fire_ems-1024x683 In the face of a potentially unlawful termination from your job, navigating the legal landscape can be daunting. If you suspect that you have been fired unjustly, it is essential to understand the critical elements required to bring a lawsuit against your employer for wrongful or retaliatory discharge. A recent Lafayette Parish case highlights the essential evidence to support a retaliatory discharge claim. It highlights the importance of seeking legal guidance when faced with such a situation. By delving into the details of this case, we can uncover the necessary proof required to establish a compelling retaliatory discharge case and empower individuals to protect their rights in the workplace.

Pashine Broussard suffered a workplace accident while employed at Our Lady of Lourdes Regional Medical Center (“Lourdes”). Since the accident in 2006, Lourdes paid Broussard’s medical bills and accommodated her various restrictions, including allowing other employees to perform the tasks she could no longer accomplish until 2010. At that time, Broussard’s surgeon took her off work completely.

Broussard then met with Lourdes to discuss workers’ compensation indemnity benefits. Lourdes, however, informed Broussard that her time to seek these benefits had expired, as her injury occurred over four years ago; however, Broussard was approved to take a leave of absence, expiring in January of 2011. Broussard signed the acknowledgment of the leave time and then subsequently filed a workers’ compensation claim, the latter of which was ultimately denied.

July 2, 2023

Is Strict Compliance With Settlement Agreement Terms Required?

by Berniard Law Firm

agree_agreement_asian_black-1024x683 If you sign a settlement agreement, you might feel relieved that you no longer have to go to trial. After all, settlements are generally thought to save you the time and expense of going to trial. But what happens if the other side fails to pay you the settlement funds by the terms of the settlement agreement?

Rapheal Guillory was injured while working at R&R Construction. He initially received workers’ compensation benefits, but they were eventually terminated. After his benefits were terminated, he filed a lawsuit against R&R, seeking his benefits, penalties, and attorney fees. Before the case went to trial, the parties settled. Under the settlement agreement, R&R agreed to pay Guillory a lump sum payment for the settlement amount by a set date. The workers’ compensation judge approved the settlement agreement.

After the agreed-upon date for R&R to pay Guillory, R&R’s attorney delivered to Guillory’s attorney two checks, a release, and dismissal. However, the checks included language that Guillory claimed imposed improper conditions on receiving the settlement funds that were not part of their settlement agreement. Later, R&R paid the required expenses, but the check also included conditional language.

July 1, 2023

Worker Entitled To Workers’ Compensation From Injuries From Passing Out At Work

by Berniard Law Firm

computed_tomography_human_brain-1024x730 You might be eligible for workers’ compensation if you are injured on the job. However, you must be honest in your communications with your employer and medical providers because, under Louisiana law, you forfeit your rights to any such benefits if you make misrepresentations or false statements concerning your workers’ compensation scheme. What happens if these misrepresentations appear to result from memory impairments related to your on-the-job injury? The following lawsuit helps answer this question.

While working as a security guard at the Golden Nugget Casino, Katina Hodges fainted and fell to the floor. Her legs and knee hit the floor. She hit her head on the floor and appeared to have seizures. At Christus St. Patrick Hospital in Lake Charles, Louisiana, a CT scan showed she suffered a hemorrhage in her brain. Hodges subsequently received treatment for her injuries, which included aggravations of preexisting conditions.

Golden Nugget filed a Notice of Controversion, claiming it did not owe Hodges anything because ha fainting spell caused her injuries. Hodges claimed she had passed out, fell, and was injured while working. In response, Golden Nugget claimed Hodges had forfeited any benefits under La. R.S. 23:1208 because she had made misrepresentations associated with her claim. The matter went to trial before the Workers’ Compensation Judge, who ruled that Hodges’ fall was an accident and she had suffered injuries caused by the accident. Golden Nugget was ordered to pay temporary disability benefits, supplemental earnings benefits, medical benefits, a penalty of $2,000 for failing to pay Hodges’ indemnity benefits, a penalty of $2,000 for failing to pay Hodges’ medical expenses and $25,000 in attorney fees. Golden Nugget appealed.

June 24, 2023

Workers’ Compensation Lawsuits and the Battle for Evidence

by Berniard Law Firm

pelicans_australian_pelican_pelican-1024x1024 Unfortunately, heart attacks are one of the most common causes of death. If a loved one suffers a heart attack while on the job and you file a workers’ compensation claim, you must provide evidence to support your claim. But what happens if the employer files a motion for summary judgment before you can complete discovery?

Michael Mack Sr. worked as a prep cook at the restaurant Blind Pelican. While working a shift, he went into the restaurant’s bathroom, where he tragically suffered a heart attack. He was transported to Touro Hospital via ambulance and died later that night.

After Mack’s death, his wife, Denisa Allen, filed Form 1008, a disputed claim for compensation under La. R.S. 23:1231, on behalf of her minor child. She described the accident as a heart attack while he was on the job and provided medical data from the New Orleans coroner.