Terrence Ruffins

What happens when an accident goes unwitnessed?

What happens when an accident goes unwitnessed? By: Charles Taylor Matthews As attorneys and claims adjusters know, workers’ compensation operates under a no-fault system, meaning that workers do not need to prove fault to receive benefits. However, unwitnessed accidents can present significant challenges, both legally and practically, for employers, insurers, and injured workers. While there […]

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Does Permanently and Totally Disabled mean Permanently and Totally Disabled?

By: Andres Gomez  Does Permanently and Totally Disabled mean Permanently and Totally Disabled? As you know, Permanent and Totally Disabled (“PTD”) is not something that the claimant’s treating physician decides. While the physicians can render their opinion on whether the claimant is PTD, it is ultimately up to the court to determine that. While the

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Preserving Crucial Video Evidence: How to Ensure Your Key Footage Doesn’t Disappear

By: Patrick Johnson I swear that we had that video… What do you do when you’re in-store or in-vehicle video captures an accident on video that does not match the claimant’s story, or even better, it captures a lack of a claimed accident? The first thing that you avoid is assuming that the video will

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The Power of Documentation: Proactively Managing Claims to Avoid Penalties and Attorney Fees

By: Keith Landry DOCUMENT, DOCUMENT, DOCUMENT YOUR CLAIM NOTES AND BE PROACTIVE IN THE PAYMENT (OR NON-PAYMENT) OF BENEFITS 23:1201. Time, place of payment; failure to pay timely; failure to authorize; penalties and attorney fees 23:1201(F)(2) This Subsection shall not apply if the claim is reasonably controverted or if such nonpayment results from conditions over

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Extraterritorial Jurisdiction in Louisiana Workers’ Compensation: Navigating Claims for Out-of-State Injuries

By: Michael Parker The issue of whether someone injured in Texas (or any other state) can assert a claim under the Louisiana Compensation Act (Act) is one that occurs very frequently and as our society continues to be more and more mobile with work duties taking employees to many unexpected places this issue will continue

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Employer’s Right to Choose Their Own Physical Therapist for an FCE

By: Charles Taylor Matthews An employer has the right to select their own treating physician to provide a Second Medical Opinion to counter the opinion of a claimant’s chosen physician. However, can an employer also choose their own physical therapist to conduct a Functional Capacity Examination? To understand this issue, it’s crucial to first grasp

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How Late is Too Late to File Suit in Louisiana Workers’ Comp

By: Meghan Gomez There are many things in the law that sit within a sort of gray area—especially in Louisiana workers’ compensation. Often times, the questions you pose to us are met with responses like, “It depends” or “If the court would interpret the law this way, then….”.  The issues of prescription (i.e., the timeframe

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Changes to Prescription Rules for Tort Claims

By: Corey Meaux One of the more unique aspects of Louisiana law was its one-year prescriptive period for delictual actions, aka tort/personal injury claims. If you are not familiar with our unique Louisiana legal terminology, a “prescriptive period” is our equivalent of a “statute of limitation,” which is what you’ve likely heard if you’ve done claims in

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It’s almost that time of the year…new Max/Min Comp Rates in effect on September 1

By: Patrick A. Johnson Please recognize that the excitement from this event can be overwhelming. Still, we all need to calm down and take notice that these new maximum and minimum compensation rates are going into effect on September 1, 2024. If you are not already aware, on September 1 of each year, the Office

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