Random Miscellaneous

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.

Is Delaying An Examination Under Oath A Lack of Cooperation In A Homeowner’s Insurance Claim?

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

house_architecture_brick_door_0-scaled In order to recover under a homeowner’s policy, there are many requirements with which you must comply. One common requirement is providing the insurer with requested documentation and undergoing an examination under oath where the insurer can ask questions and gather information relevant to the claim. What happens if a homeowner delays undergoing an examination under oath?

Jesse and Dena McCartney’s house was destroyed in a fire. They filed a claim with Shelter Mutual Insurance, who issued their homeowner’s policy. Their policy required that they cooperate with the insurer, including answering questions under oath and submitting proof of loss. The McCartneys filed a lawsuit against Shelter for refusing to pay them anything.

Shelter filed a summary judgment motion, arguing the McCartneys had not provided the required requested information and had refused to submit to an examination under oath. The McCartneys claimed they had not refused to cooperate with the investigation and had submitted documentation and recorded statements. They also claimed they had only postponed the examination under oath, not refused it. They noted Shelter had requested an examination under oath more than sixty days after the McCartneys submitted their proof of loss, which was after the time by when Shelter was required to pay them or make a settlement offer. The trial court granted Shelter’s summary judgment motion, explaining the McCartneys had voided their policy by not submitting to an examination under oath. The McCartneys filed an appeal.

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.

Property Owners Barred From Interfering With Servitude

Published on: September 30, 2023 | By Berniard Law Firm

private_property_sign_gate-scaled One of the joys of owning property is dealing with potential property disputes. Such disputes can get especially complicated when they involve old surveys and records and promises from prior owners. This case illustrates the importance of doing due diligence before purchasing property so you understand which of your neighbors might have the right to use part of your property.

This lawsuit involved multiple parcels of land located in Tangiphoa Parish, Louisiana. The Arnolds had previously owned all of the property at-issue. There was a right of way and road constructed by the early 1960s, which was marked by signs. An apparent servitude is perceivable by signs or constructions such as a roadway. See La. C.C. art. 707. The Arnold family and their tenants had regularly used the route since then.

The Aikmans, who owned some of the at-issue land, filed a lawsuit against the Naramores, who owned another parcel of land. The Aikmans claimed there was no servitude, so the Naramores could not use the road to access their property. At trial, there were over twenty witnesses, including multiple experts. The parties also presented exhibits, surveys, and maps. The trial court held the Aikmans could not interfere with the use of the passage, relying on La. C.C. art. 741, which governs the creation of servitudes. The Aikmans filed an appeal.

Understanding Statutory Employer Immunity in Workers’ Compensation Cases in Louisiana

Published on: August 29, 2023 | By Berniard Law Firm

ladder_step_ladder_passage-scaled Statutory 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.

Gender Discrimination and Online Fallout – A High School Legal Tale

Published on: August 27, 2023 | By Berniard Law Firm

cheer_cheerleader_girl_women-scaled Gender 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.

Louisiana Court Promotes Liberal Construing of Will Execution Requirements

Published on: August 26, 2023 | By Berniard Law Firm

notepad_pad_paper_yellow-scaled Wills 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).

Libel in the Limelight: A Deep Dive into the Intricacies of Defamation Laws in the Modern World

Published on: August 22, 2023 | By Berniard Law Firm

nebraska_state_capitol_s_4 Picture 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.

Louisiana Court in East Baton Rouge Evaluates and Reverses Due Process Violation Judgment

Published on: August 17, 2023 | By Berniard Law Firm

psychology_psychotherapy_531071-scaled The 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.