Insurance Dispute Lawyer Blog
Louisiana’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.
Injury in the workplace can usually be avoided with proper safety measures in place. Safety measures, however, become hard to enforce when minors and adults work in conjunction. This was the case for Austin Griggs, an illegally employed minor injured in a forklift accident while working.
A visit to the hospital is a stressful and anxious time for patients and family members. Most people, however, assume that their doctors are competent and will administer the proper standard of care. This was not the case for Richard Smallwood. 
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.
Unfortunately, accidents in the workplace are not uncommon. What happens, however, if you unknowingly signed an agreement making your employer immune from a liability claim? The following Lafourche Parish case outlines this predicament. 
When 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.
Medical professionals are expected to uphold a standard of care in their practice. Unfortunately, life can present us with unfortunate circumstances where this standard is not met. When we experience injuries or worse due to the actions of those responsible for our treatment, healing, or diagnosis, medical malpractice claims can serve as a means to seek compensation and justice.
Some accidents are unpredictable, while others appear to be accidents waiting to happen. Having reliable witnesses, qualified experts, and an excellent attorney in either unpredictable or predictable cases could be the dividing line in determining your liability when an accident arises. For Larry Jeane, Sr. (“Mr. Jeane”), the deceased party in a two-car accident along Louisiana Highway 107, whose vehicle crossed the centerline and collided with another car carrying six adults and one minor, the courts were positioned to consider his liability after the accident. 
Allocating fault in a car accident is especially difficult when involving multiple individuals. This case illustrates how the allocation of fault affects how damages are awarded and illustrates what type of expenses are compensable. 
In law, there is a saying that you do not get two bites from the same apple. This means if a court issues a final judgment on the merits of your claim, you cannot file another lawsuit against the same parties involving the same claim. Does a dismissal without prejudice bar you from filing another lawsuit?