Negligence Claims

New Orleans Police Officer’s Termination from Traffic Accident Confrontation Upheld

Published on: August 16, 2024 | By Berniard Law Firm

pexels-kindelmedia-7714731-scaled To ensure public trust in law enforcement, local government officials have the power to regulate police officers’ conduct both on and off duty. There are certain lines that police officers should not cross, even in their private lives. The following case shows how the New Orleans Police Department (“NOPD”) can terminate the employment of a long-serving police officer for fighting after a traffic accident and reinforce the high standard they hold their employees to.

Officer Tracy Fulton of the NOPD was waiting at a stop light in his personal vehicle when he was hit from behind by a driver under the alias in court as E.C.. Officer Fulton left his car and began yelling at E.C. and the occupants of his vehicle. When Officer Fulton attempted to open the door of E.C.’s vehicle, E.C. drove off and went to his home. Officer Fulton called the police to report a hit-and-run and followed E.C., who was returning home. Officer Fulton then confronted E.C. again, and the argument eventually became a fight between the two men.

After the two men exchanged blows, they retreated to their vehicles to grab weapons, and the fight ended. After the fight, E.C. had a broken nose, a dislocated jaw, a concussion, and concussion-related symptoms. After an NOPD investigation, Officer Fulton was charged with second-degree battery and was also investigated and eventually fired. Officer Fulton was found not guilty of the battery charge at trial, but the termination was never reversed. Officer Fulton then appealed his termination to the New Orleans Civil Service Commission (“the Commission”).

Louisiana State Employees’ Retirement System Loses Battle Over Disability Insurance With East Baton Rouge Women

Published on: August 15, 2024 | By Berniard Law Firm

pexels-ann-h-45017-3095954-scaled On-the-job injuries can sometimes result in employment termination when the injury prohibits you from completing your work. When this happens, state-funded disability retirement benefits can keep former employees financially afloat; however, eligibility for such benefits depends on how long you have worked for the employer and when you file your claim.

Bessie Hall worked for the State of Louisiana in East Baton Rouge for over seventeen years. On July 13, 2012, Ms. Hall suffered an on-the-job injury at the Louisiana Department of Children and Family Services. Because her injury prevented her from working, her employer terminated her in September 2013.

Over two years later, Ms. Hall applied for disability retirement benefits through LASERS, the Louisiana State Employees’ Retirement System. LASERS, however, found Ms. Hall ineligible for these benefits. Ms. Hall sued the Nineteenth Judicial District Court for the Parish of East Baton Rouge. The District Court held Ms. Hall was eligible for benefits, and LASERS appealed to the Louisiana First Circuit Court of Appeal.

Are Mental Injuries Covered By Workers’ Compensation?

Published on: November 2, 2023 | By Berniard Law Firm

alzheimer_s_man_portrait_0-scaled Employees are often exposed to stressful situations while at work, whether from unhelpful coworkers or understaffing. Under what circumstances are resulting mental injuries entitled to workers’ compensation?

Diedre Emerson worked for Willis Knighton Medical Center as a certified nurse assistant on the cancer floor. One day, she arrived at work for her regular night shift. She found the prior shift had not completed a lot of their work, so she would have to do additional work. When she learned this, she became upset and mad. She said this was more of the same old behavior.

While working that day, she indicated that she felt something pop in her head but admitted nothing physically happened to cause the pop. After completing her shift, she went to the emergency room. The medical records from the visit did not show she complained about weakness on one side of her body or other neurological symptoms. Her primary complaint was hyperventilation and nervousness. Emerson was subsequently late in calling Willis Knighton to tell them she would not be able to work her shift. She was fired.

When Doctors Disagree: What Happens When There Is Conflicting Testimony In A Workers’ Compensation Case?

Published on: November 1, 2023 | By Berniard Law Firm

feet_girl_fingers_parts-scaled Medical testimony is an essential part of determining whether an injured worker has a valid claim. What happens if the doctors’ diagnoses conflict and they reach different conclusions about whether an injured worker can return to work?

Maxine Hall worked as a housekeeper for Global Solution Services. While working for Global at a hotel, a door closed on her foot. She went to the emergency room, where a doctor told her she did not have any broken bones. However, another doctor subsequently diagnosed her with a fractured toe.

Despite receiving medical treatment, Hall continue to suffer from pain in her foot. Hall received workers’ compensation benefits, but the benefits terminated approximately two years after the accident occurred. She then filed a Disputed Claim for Compensation against Global and Illinois National Insurance Company, its insurer. Hall sought to get her benefits reinstated. The Workers’ Compensation Judge dismissed Hall’s claims. Hall filed an appeal.

Who Is Responsible For Damages In Accident Involving Borrowed Car And Inadequate Maintenance?

Published on: October 31, 2023 | By Berniard Law Firm

driving_camera_in_mirror-scaled It is common to borrow a car from a family member or friend. If you are unfortunately involved in an accident while driving a borrowed car, who is liable for damages if the accident results from inadequate maintenance?

While Holly Fontenot was driving a car owned by Patricia Neil and her husband, the parents of Fontenot’s fiancé, she was involved in a single-car accident when she lost control and hit a utility pole. Fontenot had the Neils’ permission to drive their car. There were also two minors in the car with her.

Fontenot and the mother of the two minor children passengers filed a lawsuit against Safeway Insurance, who insured the Neils’ car. Fontenot claimed the accident occurred because of a lack of maintenance. She claimed the car went off the road because it had a broken tie road, which caused the car’s steering mechanism to fail.

Injured Worker Who Hid Injuries Still Entitled To Workers’ Compensation

Published on: October 25, 2023 | By Berniard Law Firm

emergency_rescue_stretcher_injured-scaled If you are injured on the job, it is best practice to inform your employer and supervisor about your injuries. They will likely inform you about possible workers’ compensation to which you might be entitled. Are you still eligible to receive workers’ compensation benefits if you tried to hide your injury from your employer?

Gary Jeansonne worked as a maintenance worker at a youth center located in Bunkie, Louisiana. Over two months after Jeansonne stopped working at the center, he filed a claim for workers’ compensation, claiming he had hurt his back while working at the center. He claimed the accident had occurred while he was working in the kitchen. Jeansonne claimed to have called his supervisor the next morning to tell him he would not be able to come in to work due to his back, but he did not tell his supervisor his back issues were from an injury at work.

Jeansonne started receiving medical treatment for his back injuries. His medical records indicate he told his doctor the accident that hurt his back occurred at home. Jeansonne subsequently claimed the report was not accurate and he had just said the incident occurred at home because he wanted to be able to go back to work.

Injured Work Release Inmate’s Sole Remedy Is Workers’ Compensation

Published on: October 21, 2023 | By Berniard Law Firm

prison_alcatraz_prison_wing-scaled Even while an inmate, you are still entitled to damages if you are injured on the job. If you are injured while working in a release program, are you entitled to compensation through the workers’ compensation scheme?

Lindsey French was serving a sentence for drug and firearm charges at the detention center in Claiborne Parish, Louisiana. Inmates at the detention center could be released to work for the police as part of the highway maintenance crew. French volunteered to join the crew. While on the crew, French was responsible for operating a tractor.

One day, the tractor French was using hit a tree stump. French was not wearing his seat belt. He fell through an opening in the tractor and fractured his pelvis.

Presumption of Negligence in Rear-End Accidents Does Not Always Lead To Summary Judgment Victory

Published on: October 20, 2023 | By Berniard Law Firm

car_racing_crash_accident-scaled Under Louisiana law, there is a presumption the driver of a car that rear-ends another car acted negligently. However, this presumption of negligence can be overcome in certain situations, such as if the driver of the vehicle that was rear-end shifted lanes soon before the accident.

While Tammy Bloxham was stopped at a red light in her car, she was hit from behind by Andy Gibbs Jr. At the time of the accident, Gibbs was driving a tractor-trailer owned by 31 Energy. Bloxham filed a lawsuit against Gibs, 31 Energy, and 31 Energy’s insurer. Bloxham argued 31 Energy had been negligent in hiring Gibbs and not inspecting its vehicle’s brakes. The defendants filed a summary judgment motion, claiming Bloxham had not reported this claim in her pending bankruptcy. Bloxham also filed a summary judgment motion, claiming Gibbs was liable under La. R.S. 32:81 A and the presumed negligence of the driver of a following vehicle who hits the rear of another vehicle.

The trial court granted Bloxham’s summary judgment motion given the presumption that a following driver who rear ends another vehicle is negligent. The court held this applied even if Bloxham had changed lanes immediately before the accident. The defendants filed an appeal.

Can an Independent Contractor collect Workers’ Compensation Benefits?

Published on: October 19, 2023 | By Berniard Law Firm

labor_farmer_village_work The distinction between independent contractors and employees has always been something of a balancing test. This distinction becomes vital in workers’ compensation issues, where employees generally enjoy peace of mind with workers’ compensation in the event of an injury, whereas independent contractors usually do not. But are there some cases where an independent contractor can collect workers’ compensation benefits? The answer to this question is illustrated in the following appeal from the New Orleans Office of Workers’ Compensation.

Federico Espinoza Martinez and four others were hired by Jaroslov Rames to lower a washer/dryer combination unit to the first floor of an apartment building. During the lowering of the unit, Mr. Martinez received a laceration on his hand when one of the ropes used snapped. Despite a broken rope and cut hand, Mr. Martinez and the others completed the job. Afterward, Mr. Rames drove Mr. Martinez to the emergency room, paying five hundred dollars to ensure proper treatment was administered. Mr. Martinez later attempted to collect his pay from Mr. Rames. Mr. Rames informed him that he had deducted the five-hundred-dollar emergency room fee from Mr. Martinez’s check and planned to deduct the remainder of the hospital fee from his future earnings.

Mr. Martinez filed a claim for workers’ compensation benefits he believed Mr. Rames owed him. The issue was heard by the Office of Workers’ Compensation (henceforth “OWC”), and it was found that Mr. Martinez was not an employe of Mr. Rames, but rather an independent contractor. Benefits were denied based on this finding. Mr. Martinez appealed, maintaining that the OWC failed to apply the manual labor exception outlined in La. R.S. 23:1021(7). The OWC found the manual labor exception did not apply to the set of facts, denying benefits again for Mr. Martinez.

No Hostile Work Environment Where Employer Took Remedial Actions

Published on: October 1, 2023 | By Berniard Law Firm

usps_mcveytown_pa_17051-scaled No one should have to deal with sexual harassment in the workplace. If you are dealing with sexual harassment at work and you report it to your employer, you hope they will act on your report. How do actions taken by your employer affect your ability to recover for sexual harassment in court?

Shelita Tucker worked for UPS in Port Allen, Louisiana for three years. One of the subordinates she managed was Larry McCaleb. Tucker claimed McCaleb sexually harassed her for about two years. His alleged sexual harassment involved inappropriate touching. Soon after the incident with the inappropriate touching, Tucker reported what had happened to the business manager. McCaleb was taken out of service while the investigation was ongoing. The next day, Tucker filed a complaint with the UPS Compliance Line. She subsequently also filed a report with the local police department.

The next week, Tucker was on a scheduled vacation. While she as on vacation, UPS investigated the matter and suspended McCaleb. When McCaleb was allowed to return to work, UPS took corrective action including meeting with McCaleb, counseling him about proper behavior and relevant policies, and prohibiting him from going near Tucker. McCaleb was also convicted of battery and sentenced to 90-days in jail. Tucker reported McCaleb never talked to or touched her again. The one-time McCaleb entered her work area, she reported it and UPS addressed it. Tucker claimed she still felt unsafe at work because McCaleb also worked at the facility. However, she said she was still about to perform her job. She claimed McCaleb would stare at her as she walked in or out of work.