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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 […]

By: Corey Meaux It’s Settlement Season! Now that we are entering the last quarter of 2024, it is time to start thinking about settling some of your older claims. Remember, plaintiffs (and their attorneys) typically like settling claims before Christmas so they can end the year with more cash in their pockets. We recommend reaching

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

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

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

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

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

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

By: Andres Gomez As you know, a 1201(G) penalty is one imposed due to a failure to pay a judgment within 30 days of when it becomes due. As of late, we have seen more and more plaintiff attorneys threatening 1201(G) penalties for what they perceive is an issue that can net them more money

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