Written By: Andres Gomez The claimant has been retired for 20 years and all of a sudden, you get a 1008 seeking workers’ compensation benefits. Welcome to the wonderful world of occupational hearing loss claims. We know that hearing loss resulting from a single identifiable accident is treated like any other acute injury arising out […]
The Immortality of the Occupational Hearing Loss Claims Read More »
Written By: Patrick Johnson There is something to be said about the phrase, “Fake it until you make it.” In the world of adjusting, or even in the practice of law, you need to be aware that the attorney on the other side is trying to gauge your level of experience by any means possible.
Sometimes, it really is the little things that get you… Read More »
Written By: Corey Meaux Can I terminate an employee who has an open workers’ compensation claim? I’ve been asked this question numerous times throughout my time defending against workers’ compensation claims. The short is “yes.” However, the reason for the termination must be legitimate, i.e. it must be based on your company’s policies without directly
Workers’ Compensation Retaliation: What is it? Read More »
The Workers’ Compensation program is a social compromise in which employers provide insurance coverage for workplace injuries regardless of fault in exchange for employees waiving their right to pursue tort liability. This foundational principle is encapsulated in the “exclusive remedy” doctrine, which dictates that an injured worker must seek workers’ compensation benefits or pursue a
The Exclusive Remedy Doctrine in Louisiana Workers’ Compensation Law Read More »
Under the Louisiana Workers’ Compensation Act (“LWCA”), the insurer or self-insured employer, as the workers’ compensation payor, is obligated to furnish an injured employee with all medical treatment that is both causally related to the work injury and medically necessary. And, if the employee, is able to return to work with restrictions, but due to
Voc Rehab and Refusal to Participate Read More »
Planning for Fraud By: Andres Gomez The question of whether to file fraud under La. R.S. 23:1208 is generally very fact specific and individualized to each case. It would be impossible to go over all of the different issues that would apply to fraud in an email blast. However, there are certain items that
Planning for Fraud Read More »
New Mileage Rates for 2025 By: Corey Meaux It’s that time of the year again! Please be advised that the IRS has provided new mileage reimbursement rates for 2025. As of January 1, 2025, rates have increased to $0.70 per mile. This means that you will pay $0.70 per mile for any mileage reimbursement
New Mileage Rates for 2025 Read More »
Navigating Choice of Physician Challenges: Emergency Room Treatment and Beyond By: Keith Landry We have had all sorts of scenarios arise in the choice of physician issues. One recent issue was treatment by an orthopedicist at the emergency room. The claimant then had follow-up treatment with that orthopedist. Then, you received a choice of
Navigating Choice of Physician Challenges: Emergency Room Treatment and Beyond Read More »
Approval of Multiple Office Visits Under the Medical Treatment Guidelines By: Michael Parker The Medical Treatment Guidelines have a provision where once a doctor obtains approval for routine maintenance visits, sometimes referred to as continuity of care, the doctor does not have to submit a new 1010 for each subsequent office visit. The rule
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Understanding Solidary Liability in Workers’ Compensation Claims: Contribution Between Successive Employers and Insurers By: Charles Taylor Matthews In workers’ compensation law, when an employee’s injury results from a combination of accidents involving different employers or insurers, the concept of solidary liability comes into play. Under Louisiana law, successive employers and their insurers may be
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