Insurance Dispute Lawyer Blog
A recent ruling by the Louisiana Fifth Circuit Court of Appeal in Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc. highlights the complex nature of workers’ compensation claims and the challenges in determining which subsequent injuries are compensable.
Rodney Loar, a technician for Terminix, injured his right knee and head in a work-related accident in 2011. He underwent multiple surgeries, including a total knee replacement. Subsequently, he experienced instability in his right knee, leading to falls and injuries to his left knee, left shoulder, right hip, and lower back.
Critical Issues in the Case:
- Compensability of Subsequent Injuries: The primary issue was whether Loar’s subsequent injuries directly resulted from his initial work-related knee injury.
- Medical Expenses and Penalties: The court also examined the denial of medical treatment for Loar’s subsequent injuries and the imposition of penalties and attorney’s fees on Terminix.
The Court of Appeal affirmed in part and reversed in part the Workers’ Compensation Judge’s (WCJ) ruling. It upheld the WCJ’s findings that Loar’s injuries to his left knee, right hip, and lower back were compensable as they were a foreseeable consequence of the instability in his right knee caused by the initial work accident.
However, the court overturned the WCJ’s finding that Loar’s left shoulder injury was compensable. The evidence did not sufficiently support the claim that the shoulder injury was directly related to the work-related knee injury.
Furthermore, the court reversed the WCJ’s award of penalties and attorney’s fees to Loar. It found that Terminix had reasonably controverted the claims, as the causal connection between the initial injury and subsequent injuries was not always clear.
Things to Know:
- Causation is Key: Proving a causal link between the initial work-related injury and subsequent injuries is critical for obtaining compensation in workers’ compensation cases.
- Medical Evidence Matters: Thorough medical documentation and expert opinions are essential in establishing the connection between injuries and the initial accident.
- Reasonable Controversy: Employers and insurers have the right to reasonably controvert claims when there is a legitimate dispute about the compensability of injuries.
- Appellate Review: The Court of Appeal reviews workers’ compensation cases under a manifest error or clearly wrong standard, giving deference to the WCJ’s factual findings unless they are unsupported by the evidence.
This case demonstrates the complexities involved in workers’ compensation claims, especially when subsequent injuries arise. It emphasizes the importance of clear medical evidence and the need for employers and insurers to thoroughly investigate before denying benefits.
Additional Sources: Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc.
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Worker’s Compensation Issues: Work Injury and Mental Health: When Does Workers’ Comp Cover Psychological Impacts? and Louisiana Court Reverses Dismissal of Workers’ Compensation Claim: Understanding the Importance of Continuing Jurisdiction