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Written By: Patrick Johnson WHEN IT COMES TO SURVEILLANCE, SHARING IS NOT A VIRTUE This issue came up again for me late last week, and I thought that we would revisit the issue. I know that everyone appreciates learning a new trick, but we sometimes have to revisit issues or provide an issue again to newer adjusters. […]

Written By: Michael Parker There is a provision in the Louisiana Workers’ Compensation Act which provides that the voluntary payment of benefits is not an admission of liability that benefits are owed (23:1204).  But does this really mean what it says? The Louisiana Supreme Court should give us a definitive answer to this question as

Written By: Meghan T. Gomez Generally, an injured employee has the right to select one treating physician in any field or specialty. If denied this right, the employee may file an LWC-WC-1008 Disputed Claim for Compensation and, pursuant to La. R.S. 23:1201.1(K)(8), is entitled to an expedited summary proceeding hearing to take place no more

Written By: Charles Taylor Matthews The Third Circuit Court of Appeal has led the way in awarding penalties and attorney fees at expedited choice of physician hearings, despite the unsettled question of whether such hearings constitute a “hearing on the merits;” however, they are not alone. The First Circuit Court of Appeal’s ruling in Nelson v.

  Written By: Patrick Johnson For years, Louisiana had what was known as a “direct action” statute. This allowed suits to be brought against the liability or compensation carrier directly. As a beneficial side effect, the carrier would receive a copy of any lawsuit. For insureds, depending upon who receives the service copy of the

Written By: Corey Meaux One of your obligations to remember when settling your workers’ compensation claim it to reasonably consider Medicare’s interest. This is an absolute obligation under Federal law and derives from 42 U.S.C. 1395y et seq. and 42 C.F.R. section 411.10 et seq. It is known as the “Secondary Payer Act,” and it

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

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.

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

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