“Go directly to jail. Do not collect indemnity (and medical)” By: Patrick Johnson While it is a rare circumstance, what you do with a claimant who is incarcerated but otherwise entitled to indemnity does occasionally arise. In what may be a shock to some who see everything in Louisiana as benefiting the employee, there are […]
“Go directly to jail. Do not collect indemnity (and medical)” Read More »
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
What happens when an accident goes unwitnessed? Read More »
By: Meghan Gomez The Bare Minimum Under the MTG The Louisiana Medical Treatment Schedule and Dispute Resolution Procedures contained in the Medical Treatment Guidelines (“The Guidelines”) require that all treating medical providers submit an LWC-WC-1010 (“1010”) for all requests for non-emergent medical treatment which exceed the $750.00 threshold. The Guidelines further provide that all 1010s
The Bare Minimum Under the MTG Read More »
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
Does Permanently and Totally Disabled mean Permanently and Totally Disabled? Read More »
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
It’s Settlement Season! Read More »
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
Preserving Crucial Video Evidence: How to Ensure Your Key Footage Doesn’t Disappear Read More »
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
Employer’s Right to Choose Their Own Physical Therapist for an FCE Read More »
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
How Late is Too Late to File Suit in Louisiana Workers’ Comp Read More »
