Former New Orleans Saint’s Worker’s Compensation Claim Found Time-Barred

Darren Sharper, a professional football player with the New Orleans Saints from 2009-2011, filed a claim for workers’ compensation benefits on December 14, 2011. The Court addressed whether payments made to Sharper after he was injured in 2009 were wages or were amounts paid in lieu of compensation. If the former, then more than one […]

Payments for Equipment and Services Included in Determining an Employee’s Pre-Injury Wages

Recently, the Louisiana First Circuit discussed how courts are to calculate an employee’s pre-injury wages where the employer pays the employee not only for normal labor, but also for the use of the employee’s equipment and the employee’s provision of other services. In general, when an employee files a worker’s compensation claim against his employer, […]

Prescription Does Not Begin to Run Until the Diagnosis is Confirmed

On August 17, 2011, the siblings and heirs of a retired plumber filed a survival action on behalf their brother who died from mesothelioma. The decedent worked at Charity Hospital (“Charity”) in New Orleans for over thirty years and was allegedly exposed to asbestos containing materials throughout the course of his career. While the lawsuit […]

Failure to Disclose Prior Accidents Results in Dismissal

Claimant was employed as a maintenance mechanic for Employer when he injured his shoulder while pushing a drum across a grate to weigh it. Claimant filed a disputed claim for compensation regarding the nature and extent of his disability. Employer in turn countered that Claimant made willful and false statements for the purpose of obtaining […]

Florida Workers’ Compensation Act Unconstitutional

A Florida circuit court judge has ruled that the state’s workers’ compensation law is unconstitutional because it no longer provides adequate benefits to injured workers giving up their right to sue in tort. Judge Jorge Cueto who presides in Florida’s 11th Circuit Court issued a ruling in the case of Padgett v. State of Florida. […]

Louisiana Limits Employer’s Access to Personal Online Accounts of Employees and Job Applicants

The Louisiana Governor recently signed into law a Personal Online Account Privacy Protection Act that prohibits employers and schools in Louisiana from requesting or requiring access to personal email, social media, and other types of online accounts of employees, job applicants, students, or prospective students. The Act applies to any employer doing business in the […]

When Is A Negligent Act Intentional?

On June 12, 2009, two steelworkers, Ulvaldo Martinez and Martin Reyes, were killed when a steel reinforcing bar cage collapsed during the widening of the Huey P. Long Bridge. They were part of a crew that was responsible for constructing the rebar cage and securing it in place on top of a 60-foot-high footing that […]

Jury Awards $9 Billion in Bladder Cancer Case

In one of the biggest damages verdicts ever imposed, a jury in Lafayette, Louisiana, in the United States District Court for the Western District of Louisiana ordered two pharmaceutical corporations to pay a total of $9 billion in punitive damages for allegedly covering up cancer risks in the diabetes drug Actos. The plaintiffs filed suit […]

No Physical Defect Required for FSAA or LIA Claim

While employed as a conductor on a light locomotive engine for Alabama Great Southern Railroad Company (“employer”), plaintiff sustained an injury to his back and shoulder. Plaintiff alleged that as the locomotive engine approached railcars, the engineer attempted to apply the independent brake, but it would not respond. The locomotive engine collided with the railcars […]

Workers’ Compensation Law Bars Negligence Claim

Plaintiff, employed as a project assistant, claims she was subjected to a hostile work environment because a co-employee continually harassed her on the basis of her gender. Plaintiff filed suit against her employer for negligence resulting in mental, emotional, and physical injuries. The defendant-employer moved to dismiss on the grounds that the Louisiana Workers’ Compensation […]