Articles Posted in Legal Definitions

green_mold_harmful_moldIf you have experienced symptoms from working in a moldy work environment, you might think you are entitled to recover from your employer. However, navigating the Workers’ Compensation system can be challenging partly because of the distinct and often complicated vocabulary in the statutes. This case involves defining an occupational disease under the Louisiana Workers’ Compensation Act.

Angela Lyle worked in the payroll department at Brock Services. Her office was in a trailer in Norco, Louisiana, at the Valero plant. Lyle claimed she saw mold throughout the trailer that increased over the two years she worked at the site. She suffered from fatigue, burning eyes, sores, and other symptoms. After suffering a nosebleed, she underwent a medical evaluation. Testing confirmed mold was present in the office, so Lyle’s trailer was replaced. Once the trailer was replaced, some of Lyle’s symptoms went away, but others persisted, and new symptoms emerged. 

She resigned and was diagnosed with sarcoidosis in her lungs and lymph nodes. She then filed a claim with the Workers’ Compensation, claiming she had suffered an occupational disease and was entitled to damages. The workers’ compensation judge denied her claim as neither her mold exposure nor the development of sarcoidosis qualified as an occupational disease or accident under the Louisiana Workers’ Compensation Act. Brock filed a summary judgment motion, arguing Lyle could not establish sarcoidosis was an occupational disease. The workers’ compensation judge granted Brock’s summary judgment motion, finding Lyle’s sarcoidosis was not an “occupational disease. Lyle appealed, arguing the workers’ compensation judge ignored the definition of an “occupational disease” under the Louisiana Workers’ Compensation Act.

ladder_step_ladder_passage-scaledStatutory employer immunity is critical in determining liability and compensation for workplace injuries in workers’ compensation. The following case is an example where the court had to decide whether the defendant was entitled to statutory employer immunity under the dual contract theory provided for in La.R.S. 23:1061(A)(2). We will examine the facts of the case, the arguments presented by both parties and the court’s decision. We will also examine the legal framework surrounding statutory employer immunity and its impact on workers’ compensation cases.

The case involves Patrick Cummins, a worker hired by a subcontractor to perform its contract with R.A.H. Homes and Construction, LLC (“R.A.H.”), the defendant. The homeowners had contracted R.A.H. to construct a single-family home, including the installation of an attic HVAC system. Cummins became seriously injured when the attic access ladder malfunctioned, and he fell while performing the work required under R.A.H.’s contract with the homeowners.

Cummins sued several defendants, including R.A.H., in tort, alleging that R.A.H. was directly responsible for the improper installation of the attic ladder that led to the accident. In response, R.A.H. asserted an affirmative defense of statutory employer immunity under La.R.S. 23:1061(A)(2), claiming that a statutory relationship existed through the two-contract theory.

car_burglary_thief_burglar-scaledIn the legal system, dissenting opinions, i.e., opinions delivered by one or more judges who disagree with the decision, play a crucial role in shaping the interpretation and application of the law. They provide valuable insights into alternative viewpoints, often sparking discussion and debate and ultimately leading to the evolution of jurisprudence. One such notable dissenting opinion can be found in the case of Christopher Blanchard v. Demetrius J. Hicks et al., authored by Justice Cooks. In this blog post, we look at the case, the arguments made in the dissent, and the importance of dissent in the legal landscape.

The case of Christopher Blanchard v. Demetrius J. Hicks et al. arose from an incident in which Officer Blanchard’s patrol car was struck by a stolen truck. The plaintiff, Officer Blanchard, alleged that the defendant, Demetrius J. Hicks, was negligent in leaving his vehicle unattended with the keys in the ignition and the engine running, thereby facilitating the theft that led to the accident.

The majority of the court relied on the precedent set by the Supreme Court’s decision in Racine, which held that leaving keys in a vehicle does not create liability for the motorist if a thief steals the car and causes injury to a third party. However, Judge Cooks dissented from the majority’s opinion, arguing that Racine does not dispose of the factual matter at hand.

cheer_cheerleader_girl_women-scaledGender Discrimination has unfortunately been around for as long as time, infiltrating many corners of people’s lives. But when you feel discriminated against at your high school, the lawsuit process can be much trickier than some might think. The Court of Appeals for the Fifth Circuit addresses whether a Title IX claim can be brought and successfully won when a picture is posted to the internet, violating a school’s policy. 

Rebecca Arceneaux attended Assumption High School (“AHS”) and was on the varsity cheerleading team from her freshman to junior years. A photo of Arceneaux in her uniform skirt that was raised appeared on the popular social media app Snapchat. This publicly viewed picture was brought to the attention of the school, and Arceneaux was punished with in-school suspension and dismissed from the cheerleading team. Arceneaux’s parents appealed the suspension with no avail. On May 19, 2016, her parents filed suit on her behalf against the school, claiming the discipline constituted gender discrimination under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, which is actionable under 42 U.S.C. § 1983.

On appeal, the Court of Appeals for the Fifth Circuit considered words of Title IX and gender discrimination. AHS is under the jurisdiction that receives federal funding for operation and benefits. Arceneaux alleged that this jurisdiction subjected her to intentional discrimination by punishing female student-athletes more harshly than a male athlete would be punished for doing the same or similar behavior. 

notepad_pad_paper_yellow-scaledWills and testaments often lead to family drama after a family member dies. Fights over control, money, and inheritance can lead to many legal and emotional battles. When those battles of power come to a legal setting, how do courts assess if a will has validly identified a new overseer of the estate?

Strouder Pelfrey died in August 2015 with a last will and testament in place. His son, Steven Pelfrey, later filed a petition requesting the trial court appoint him as the administrator and declare his father’s will and testament invalid. Steven argued that the will violated La. C.C. art. 1577 by lacking a sufficient attestation clause. Following Steven’s petition, Theresa Pelfrey filed a petition to probate the will and be appointed executrix as Strouder designated in his will. The trial court appointed Theresa executrix of the decedent’s estate, pending the result of Steven’s petition to be appointed administrator. The trial court later determined that Strouder’s will did not violate La. C.C. art. 1577, and denied Steven’s petition. Steven appealed that decision, bringing the case to the Second Circuit. 

Louisiana law states that the requirements for the execution of wills and testaments must be followed–otherwise, the testament is invalid. La. C.C. art. 1573. Strict adherence to these requirements ensures the will’s authenticity and protects wills from various issues, such as fraud or undue influence. Succession of Roussel, 373 So. 2d 155, 158 (La. 1979).

trampoline_sports_equipment_sport_1-scaledSometimes, those delightful recreational activities we all enjoy carry an inherent risk. Often, we assume the risk of those injuries when we engage in that potentially reckless conduct. Knowing your legal options following these injuries is necessary, mainly because recovering for these somewhat ordinary injuries can be difficult. What does it look like when a party cannot recover for a recreational injury–here, an injury from a trampoline park visit?

Kurt and Tabitha Perkins visited a Shreveport indoor trampoline park, Air U. Kurt was injured while at Air U, and he was relatively young, had no known or apparent medical issues before the injury, and had done some time with the U.S. Marine Corps. The Perkinses filed a lawsuit against Air U and other parties, namely insurance companies and Air U’s unidentified employees. 

Kurt stated in a deposition that he did not know why his left knee gave out when jumping on the trampoline, as he had no other injuries or treatment to his left leg. The other patrons at the trampoline park, mostly young kids, had no trouble jumping on the trampoline. Kurt and Tabitha stated that they did not notice any defects on the trampoline and that Kurt jumped normally when he was hurt. Tabitha also said that an Air U employee did not call an ambulance because he was not a manager. 

nebraska_state_capitol_s_4Picture this: you’re enjoying your daily dose of local news when your name surfaces amidst a hailstorm of defamatory allegations. Your reputation takes a blow, and you decide to fight back by filing a lawsuit. This might sound like a gripping storyline from a TV courtroom drama, but for Mary R, this was a harsh reality. Today we’ll delve into her case, a fascinating battle highlighting the intriguing intersections between public figures, free speech, and defamation law.

The otherwise bustling city of Baton Rouge, home to the Louisiana State University Tigers and famed for its vibrant Mardi Gras celebrations, became the backdrop of a less joyous event. It was here that Mary R found herself at the center of a legal maelstrom against John L and the consolidated governing body of the city itself. Mary R’s contention? She claimed that John L had cast aspersions on her, uttering false statements that tarnished her good name, while the city officials who could have reined in these allegations simply looked the other way. The case thus began, a small David standing against a massive municipal Goliath.”

Mrs. R had filed a lawsuit, claiming John L had made false and defamatory statements about her, while the members of the City Parish who could have prevented such defamation failed to do so. The defendants filed a special motion to strike, and the trial court dismissed Mary R’s claims with prejudice in July 2015.

supreme_court_building_washington_3_5-scaledLouisiana’s Workers’ Compensation fund exists to pay employees injured at work.  Payment can be used for medical care and lost wages.  When parties sign a settlement agreement on payment terms, an employee may assume payment is imminent.  In a recent case from Rapides Parish, an employee discovered some conditions in a settlement may delay payment.  

Mary Ortega sustained an injury while employed by Cantu Services.  Ortega filed a Disputed Claim for Compensation, and the parties entered a settlement agreement.  The parties settled for $120,000.  $56,049 of the total was allocated to a Medicare set-aside agreement (MSA) to cover future medical expenses related to the work injury. The MSA was filed with the Centers for Medicare and Medicaid Services (CMS) for approval.  The parties agreed that if CMS did not approve the full amount in the MSA, the employer would adjust the amount paid in monetary benefits, so Ortega would still receive $120,000.  Several months after signing the agreement, Ortega had not received any payments.   She filed a motion to enforce the settlement agreement plus a request for fees and penalties before the Office of Workers’ Compensation.   

The Workers’ Compensation Judge (WCJ) denied Ortega’s request because payment under the settlement agreement was conditioned on first getting approval from the MSA.   Pending approval suspended the statutory requirement of payment within thirty days.    Ortega appealed to the Louisiana Third Circuit Court of Appeal.     

psychology_psychotherapy_531071-scaledThe fundamental right to due process is a cornerstone of constitutional protection, ensuring that individuals are treated fairly within legal proceedings. Nevertheless, the delicate line between potential bias and genuine due process violations is not always easily discernible. A telling example can be found in a noteworthy case from East Baton Rouge, where the revocation of a psychologist’s license came under scrutiny for alleged due process infringements. This case probes the intricate considerations surrounding bias, procedure, and the boundary between legitimate legal actions and violations of constitutional rights.

This case concerns the revocation of Dr. Eric R. Cerwonka’s psychologist’s license. An administrative complaint and supplemental notice, including an additional statement of material facts and matters, was filed against Dr. Cerwonka, alleging he violated the Louisiana State Board of Examiners of Psychologists (the Board’s) rules and regulations. After a disciplinary hearing, the Board revoked his license to practice psychology in Louisiana. Dr. Cerwonka then filed a petition with the Nineteenth Judicial District Court for the Parish of East Baton Rouge, where he claimed the Board lacked substantial evidence showing his license should be revoked and that his right to due process was violated. 

The District Court found the Board violated Dr. Cerwonka’s right to due process by allowing a member of the same law firm as the Board’s general counsel to serve as presiding officer during the administrative proceeding and by permitting the individual who represented Dr. Cerwonka in a prior legal matter to serve as the Board’s prosecuting attorney.  

wheelchair_pattern_black_background_44-scaledWhen an injury related to a product occurs, assigning fault can involve multiple parties. In personal injury litigation, crucial legal questions arise regarding whom the plaintiff can seek compensation from, if anyone, and the underlying theory of liability. The following case offers a valuable exploration of common liability theories often encountered in product-related injury cases.

During their stay at a PNK Lake Charles, L.L.C. casino hotel (from now on “PNK”) in July 2015, Anthony Luna, who had limited mobility due to a recent knee surgery, was provided a wheelchair by a PNK employee. While being pushed to their hotel room by one of his children, the wheelchair suddenly stopped, jamming Luna’s foot. Luna inspected the wheelchair but found nothing amiss. However, during another ride, the wheelchair abruptly stopped again, breaking the front left wheel in half and collapsing.

Anthony and Dana Luna and their minor children filed a lawsuit against PNK, alleging negligence and seeking damages under La. C.C.P. art 2315 and La. C.C.P. art 2317. They claimed that PNK’s negligence in providing a defective wheelchair caused injuries to Luna, hindering his recovery following knee surgery.

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