Court Cases

Snearl v. Kelly’s Industrial Services, Inc., 06-0218 (La. 3/17/06), 924 So.2d 138. When (1) a physician provides treatment to an injured employee at an emergency room following a job accident, and (2) the employee continues to treat with that physician after the initial emergency treatment, the physician in the employee’s choice of physician. The Facts [Read More…]

Haynes v. UPS, 05-2378, 933 So. 2d 765 (La. 7/6/06). When a subsequent accident aggravates an employee’s work-related injury, the employee must obtain written approval of the employer and its insurer to settle a claim arising out of the subsequent accident.  If the employee settles without proper approval, the employee forfeits the right to additional [Read More…]

Simoneaux v. Excel Group, 06-1050 (La. 9/1/06). (See also, Marino v. Martin’s Oil Country Tubular, Inc., 06-0898, 931 So.2d 1089 (La. 6/23/06), in which the Louisiana Supreme Court summarily reversed a trial court’s denial of an employer’s Motion for Summary Judgment on this issue citing the same legal principles discussed below but omitting any summary [Read More…]

In Re: Joseph C. Melancon, III, 05-1702, 935 So. 2d 661 (La. 7/10/06). On procedural grounds, the Louisiana Supreme Court reversed a district court ruling that the forfeiture provision of La. R.S. 23:1208 is unconstitutional and that the Office of Workers’ Compensation does not have jurisdiction over any claims involving La. R.S. 23:1208. The Facts [Read More…]

Grillette v. Alliance Compressors, 05-982, 923 So.2d 774 (La. App. 3rd Cir. 2/1/06) and Palmer v. Alliance Compressors, 05-478 (La. App. 3rd Cir. 11/2/05). When (1) an employee with physical restrictions as a result of a job accident returns to work with no wage loss, and (2) the employee is fired for cause, the employee [Read More…]

Douglas v. Isle of Capri, 40651, 923 So.2d 950 (La. App. 2d Cir. 3/8/06). When an employee has made a formal claim for compensation for an occupational disease, the office of workers’ compensation may order an employer or insurer to pay the cost of the initial visit by an employee with a physician of the [Read More…]

Seidel v. Zatarains, Inc., 05-780, 927 So. 2d 557 (La. App. 5 Cir. 03/28/06). Claims for penalties and attorney fees for the non-payment of benefits are subject to the liberative prescriptive period of one year. The Facts Without providing specific dates, the opinion tells us that the employee filed a 1008 seeking penalties and attorney’s fees [Read More…]