Can an Independent Contractor collect Workers’ Compensation Benefits?

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

October 19, 2023 No Comments

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

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

October 2, 2023 No Comments

No Hostile Work Environment Where Employer Took Remedial Actions

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

October 1, 2023 No Comments

Louisiana Jury Did Not Err In Apportioning Fault For Car Crash

In the heart of Lafayette Parish, Louisiana, tragedy struck on Interstate 10 as a routine drive turned fatal. Arthur Huguley, behind the wheel of a tractor-trailer for AAA Cooper Transportation, found himself in a situation that would forever alter the lives of those involved. A blown-out tire, a series of events, and a wrongful death

September 8, 2023 No Comments

Insurance Coverage Turns On Distinction Between Flood Damage And Mechanical Issue

Dealing with the aftermath of a flood is never fun. This is especially true when the flood damages one of your vehicles. This is the situation Michael Jacobs found himself in after one of his cars was damaged in a flood. After a long fight with his insurance company, he eventually prevailed and was awarded

September 6, 2023 No Comments

Doctor Held Not Vicariously Liable For Physical Therapist’s Actions by Louisiana Court

When you think about medical malpractice lawsuits, a botched surgery or missed diagnosis are likely the first things that come to mind. The following case involves a less common situation involving purported medical malpractice involving physical therapy post-surgery. It analyzes the relationship between a doctor and a physical therapist and whether a doctor can be

September 3, 2023 No Comments

Management Company Not Qualified As Additional Insured In Cleaning Company’s Insurance Policy

It can be challenging to interpret insurance policies, especially when they involve complex provisions such as coverage for an additional insured. Before signing an insurance policy, it is imperative to understand its language and what it does and does not cover. Here, the plain language of the insurance policy proved instrumental in the appellate court’s

September 1, 2023 No Comments

What Is An Occupational Disease Under The Louisiana Workers’ Compensation Act?

If 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’

August 31, 2023 No Comments

Understanding Statutory Employer Immunity in Workers’ Compensation Cases in Louisiana

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,

August 29, 2023 No Comments

Who’s At Fault if your car is stolen then involved in a wreck? The Thief, Victim, or Third Party Owner? (One Judges Dissenting Opinion)

In 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

August 28, 2023 No Comments

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Can an Independent Contractor collect Workers’ Compensation Benefits?

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

No Hostile Work Environment Where Employer Took Remedial Actions

Louisiana Jury Did Not Err In Apportioning Fault For Car Crash

Insurance Coverage Turns On Distinction Between Flood Damage And Mechanical Issue

Doctor Held Not Vicariously Liable For Physical Therapist’s Actions by Louisiana Court

Management Company Not Qualified As Additional Insured In Cleaning Company’s Insurance Policy

What Is An Occupational Disease Under The Louisiana Workers’ Compensation Act?

Understanding Statutory Employer Immunity in Workers’ Compensation Cases in Louisiana

Who’s At Fault if your car is stolen then involved in a wreck? The Thief, Victim, or Third Party Owner? (One Judges Dissenting Opinion)

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