Workers Compensation

Injured Worker Wins Right to Shoulder Surgery: Court Upholds Decision Against Employer and Insurer

Published on: September 20, 2024 | By Berniard Law Firm

In a victory for injured workers in Louisiana, the Court of Appeal for the Fourth Circuit recently upheld a decision granting Lorae Burnett the right to shoulder surgery following a work-related motor vehicle accident. The case, Burnett v. Full Force Staffing, LLC, & LUBA Casualty Insurance Company, centered on interpreting the state’s Medical Treatment Guidelines and whether the recommended surgery was medically necessary and appropriate.

Background of the Case:

Mr. Burnett, an employee of Full Force Staffing, was injured in a motor vehicle accident while on the job. He sought workers’ compensation benefits for various injuries, including significant pain in his right shoulder. After receiving conservative treatment that failed to alleviate his pain, Mr. Burnett’s orthopedic shoulder specialist, Dr. Savoie, recommended surgery.

No Bond, No Appeal: Louisiana Court Dismisses Workers’ Comp Appeal for Procedural Misstep

Published on: September 18, 2024 | By Berniard Law Firm

pexels-pixabay-209271-scaled In a decisive move highlighting the importance of procedural adherence in workers’ compensation cases, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal because the appellants failed to post a required appeal bond.

This decision underscores the importance of adhering to procedural requirements in workers’ compensation appeals.

Case Background:

Work-Related Injury and Subsequent Leave: When is Compensation Due?

Published on: September 10, 2024 | By Berniard Law Firm

pexels-jmeyer1220-668300-scaled Navigating the complexities of workers’ compensation claims can be challenging, especially when subsequent health issues and leaves of absence are involved. A recent case highlights the importance of understanding the nuances of Louisiana workers’ compensation law and the critical role of proving causation in obtaining benefits.

Jerry Neal, Jr., a radiology technician, sustained a back injury while lifting a patient at St. Tammany Parish Hospital in 2014. He returned to work on modified duty and eventually full duty. However, he re-injured his back in a similar incident in 2015. Again, he was placed on modified duty but later took a leave of absence for an unrelated neck surgery. When his leave expired, he was terminated because he was not medically cleared to return due to his neck, not his back. Subsequently, he filed for workers’ compensation benefits, claiming he was unable to work due to his back injury.

The court’s decision hinged on whether Mr. Neal’s inability to work was directly caused by his work-related back injury or his non-work-related neck surgery. The court also examined whether he was entitled to temporary total disability (TTD) or supplemental earning benefits (SEB).

Work-Related Knee Injury Leads to Multiple Compensable Injuries: Louisiana Court’s Ruling

Published on: September 9, 2024 | By Berniard Law Firm

pexels-ganajp-18021337-scaled 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:

Work Injury and Mental Health: When Does Workers’ Comp Cover Psychological Impacts?

Published on: September 6, 2024 | By Berniard Law Firm

pexels-riciardus-185801-scaled In the realm of workers’ compensation, the interplay between physical injuries and mental health can be complex. A recent Louisiana Court of Appeal decision highlights the challenges faced by workers seeking compensation for mental health conditions arising from workplace injuries. The case involved a police officer who developed psychological issues after a back injury, and the court’s ruling underscores the high standard of proof required for such claims.

Bea Angelle, a police officer, sustained a back injury while on duty. She received temporary total disability benefits (TTDs) from her employer, the City of Kaplan Police Department. Later, these benefits were converted to supplemental earnings benefits (SEBs), which are paid when an employee can return to work but earns less due to their injury.

However, the City of Kaplan terminated Angelle’s SEBs based on a vocational rehabilitation consultant’s assessment that she could return to some form of employment. Angelle disputed this decision, arguing her psychological condition, stemming from her physical injury, prevented her from working.

Worker’s Comp in Louisiana: Navigating the Medical Treatment Guidelines

Published on: September 3, 2024 | By Berniard Law Firm

pexels-yury-kim-181374-585419-scaled In the realm of workers’ compensation, ensuring injured employees receive necessary medical treatment can sometimes be a battle. A recent Louisiana Court of Appeal decision, Deubler v. Bogalusa City Schools, highlights the complexities surrounding the Louisiana Medical Treatment Guidelines and the process of obtaining authorization for treatment. This case serves as a reminder of the importance of adhering to these guidelines while also recognizing the need for flexibility when circumstances warrant it.

Irvin Deubler, an employee of Bogalusa City Schools (BCS), suffered a lower back injury at work. He was receiving workers’ compensation benefits and sought treatment from Dr. Flagg for his chronic pain. Dr. Flagg recommended an MRI and a psychological evaluation to determine if Deubler was a candidate for a spinal cord stimulator (SCS) trial, a potential treatment option for his pain.

BCS’s insurer, LUBA Casualty Insurance Company, denied these requests, prompting Dr. Flagg to appeal to the Office of Workers’ Compensation (OWC). The OWC’s associate medical director approved the requests, but LUBA and BCS further appealed to the OWC judge.

Court of Appeal Increases Monetary Damages Award Following Workplace Injury in Monroe Beverage Facility

Published on: August 20, 2024 | By Berniard Law Firm

pexels-elevate-1267324-scaled Injuries that occur while an individual is working can devastate the injured party’s life in several ways. Not only does the injured party likely earn less money due to the injury, but other damages, such as medical expenses and loss of enjoyment of life, may also result.

James Thomas was a forklift operator for Marsala Beverage Company (“Marsala”) in Monroe, Louisiana. In addition to operating forklifts, Thomas routinely moved cases of drinks by hand and performed janitorial duties around the facility. On one occasion, when Thomas was operating a forklift to unload pallets of drinks, the forklift fell out of the back of a delivery truck, landing several feet below onto concrete.

After the fall, Thomas visited Marsala’s company doctor, Dr. George Woods, complaining of pain in his back. Dr. Woods examined Thomas and ordered x-rays, which showed no evidence of fractures in Thomas’s spine. During the visit, Thomas explained to Dr. Woods that he wanted to return to work as soon as possible to receive bonus compensation based on the number of hours he worked that week. Dr. Woods cleared Thomas to return to work, which he did even though he continued to experience back pain.

Injured Shreveport Worker’s Claim Saved from Dismissal on Summary Judgment in Case Involving an Allegedly Open and Obvious Hazard

Published on: August 19, 2024 | By Berniard Law Firm

pexels-frans-van-heerden-201846-635096-scaled David Cox delivered four pallets of shirk-wrapped material for his employer, Southwestern Motor Transport, in June 2012. The delivery location was the Baker Distributing Company warehouse in Shreveport, Louisiana. Baker’s delivery dock did not have a dock plate. A dock plate is a metal bridge connecting a truck’s back to the loading dock. There is an empty space between the back of the truck and the loading dock without a dock plate. In addition, Cox found that the loading dock was cluttered with several objects. Due to this clutter, Cox could not use a forklift to unload the truck.

Working alone, Cox managed to get two pallets off the truck with a pallet jack but then used a dolly for the last two pallets. While attempting to get the previous pallet off the truck, Cox’s foot became wedged between the dock and the truck, causing him to fall on his back. Cox filed a lawsuit as a result of being injured.

In the lawsuit Cox alleged that this fall caused him to have permanent injuries that made him disabled. The injury resulted in Cox receiving worker’s compensation benefits. Cox filed a lawsuit against Baker, arguing that the lack of a working dock plate made the dock unreasonably dangerous, that the lack of a dock plate was not easily visible to parties making deliveries to the warehouse, and that Baker had a duty to provide a safe entrance for parties unloading at the dock.

When one employee attacks a supervisor, can a supervisor proceed with a lawsuit against the employer?

Published on: August 17, 2024 | By Berniard Law Firm

pexels-cottonbro-3957986-scaled Nurses fighting one another may sound like a scene from daytime television, but unfortunately, this also occurs in real time. When one employee attacks a supervisor, can a supervisor proceed with a lawsuit against the employer? A nursing home in Laplace, Louisiana, recently tried to be dismissed from a personal injury lawsuit regarding two of its employees, stating it could not be vicariously liable. The Louisiana Fifth Circuit Court of Appeal judged this was a question for trial.

Two employees of Twin Oaks Nursing Home, Inc. (“Twin Oaks”) in the parish of St. John the Baptist were involved in an altercation in April 2012. A supervisor, Ms. Haynie, approached her employee, Ms. Alford, requesting that Ms. Alford report to her office. When Ms. Haynie turned to walk away, Ms. Alford struck her supervisor repeatedly in the head and neck from behind. Ms. Haynie sustained bruises, scratches, a black eye, and soft tissue damage. Ms. Alford had numerous prior work violations and justified the attack by stating she wanted Twin Oaks to give her a reason to fire her.

Ms. Haynie filed a lawsuit against Ms. Alford and Twin Oaks in the Fortieth Judicial District Court Parish of St. John the Baptist. The District Court dismissed the lawsuit against Twin Oaks, stating that the nursing home could not be vicariously liable because Ms. Alford’s actions were not employment-rooted or incidental to employee performance.

Permanently Disabled Individual Not Acting Under Scope of Employment In Workers’ Compensation Case

Published on: November 5, 2023 | By Berniard Law Firm

workers_construction_worker_work-1-scaled Unfortunately, accidents at the workplace are not uncommon occurrences. What happens, however, when you are injured while traveling? Will you still receive workers’ compensation if you are not physically on the jobsite? The answers to these questions will depend on the facts of the case and whether you were acting within the scope of your employment. The following Caddo Parish case outlines this predicament.

It is undisputed that Mitchell Stringer was hired at Hand Construction, LLC, sometime after September 30, 2014, and that he was asked to attend a meeting at the company office by John Provost, Vice President for the company, in early October. However, the parties disagree on whether Stringer was terminated at the meeting, as testified by Provost and Adam Hubble, CEO for the company, or was told there would not be any more work for him, but that he would receive two weeks’ severance pay, as testified by Stringer. Stringer’s final paycheck included the date “October 9, 2015.” He was issued a check with “severance” in the ledger for the week ending in October 16, 2015.

It was also disputed as to whether or not the parties agreed that Stringer would fly to North Dakota to retrieve his vehicle and the company’s GPS equipment. Regardless, on October 8, 2015, Stringer flew to North Dakota to obtain his vehicle and company equipment. Two days later, while traveling from North Dakota to Louisiana, Stringer was involved and injured in a motor vehicle accident in Arkansas.