With Bayou Steel’s layoff, injured workers who returned to work in a modified duty position after receiving Louisiana Workers Compensation may find they are still able to collect workers comp. Before applying for unemployment benefits, the injured worker may want to immediately seek the advice if an experienced Louisiana Workers Compensation Lawyer to see if he is still eligible for reinstatement of workers compensation indemnity payments. A laid off disabled injured worker may be able to have his or her compensation wage loss payments from Bayou Steel and its Travelers or other applicable workers comp insurer fully reinstated, provided he has not settled his claim or waited too long to file the proper legal paperwork to protect his indemnity benefits. In a Louisiana Workers Compensation Act case of Hunter v. Alliance Compressors, 934 So.2d 225 (2006), Ms. Hunter returned to work with light-duty work restrictions. She still was under these same work restrictions at the time her Alliance Compressor employer laid her off. The Court noted that entitlement to Supplemental Earnings Indemnity Benefits is based on the injured worker sustaining a work related injury resulting in her inability to earn 90 percent or more of his or her average pre-injury wage. La.R.S. 23:1221(3)(a). Ms. Hunter showed she was not capable of earning 90 percent of her pre-injury wage. The burden then shifted to the Alliance employer to show jobs were available to Ms. Hunter. The Alliance employer failed to satisfy its burden of establishing that a suitable job was available […]
Acupuncture & Louisiana Workers Compensation Tao Te Ching says, “One gave birth to two,” which came to be known as yin and yang. Yin and yang are the polarities of the universe – night and day, life and death, male and female and, perhaps even plaintiffs’ attorney and defense attorney. Traditional Chinese Medicine maintains the root cause of all disease is an imbalance in the yin/yang polarity of various energy systems in the body. Prodded in part by the pain medicine epidemic, as well as a better understanding of Eastern therapies, health providers have nudged the Louisiana Department of Labor to turned towards Traditional Chinese Medicine (TCM), particularly acupuncture, as both a viable alternative and complementary medical care to treat chronic pain and the spine disorders. While both the Louisiana Workers Compensation Act and Western medicine may not recognize a yin and yang energy imbalance, Western medicine studies suggest that acupuncture stimulates the nervous system at the level of the brain, promotes deep relaxation, and affects the release of neurotransmitters. Acupuncture is commonly used as an alternative or in addition to traditional Western pharmaceuticals. It is commonly used when pain medication is reduced or not tolerated. It may be used as an adjunct to physical rehabilitation, surgical intervention, and or as part of multidisciplinary treatment to hasten the return of functional activity. Acupuncture can be used to reduce pain, reduce inflammation, increase blood flow, increase range-of-motion, decrease the side effect of medication-induced nausea, promote relaxation in an anxious patient, and […]
Daylight Savings Time, the practice of temporarily advancing clocks during the summertime so that evenings have more daylight and mornings have less, has been observed since 1895. The practice is the source of much annual anticipation for individuals eager to benefit from longer days and more day lit hours. A study from the American Psychological Association, however, suggests “springing forward” from Standard Time to Daylight Savings Time may have some unintended consequences such as disrupted sleep patterns and an increased risk for workplace injury. With the change, you have to go to bed earlier and get up earlier than usual. According to the study’s authors, the hour of sleep lost when Americans set their clocks an hour ahead each spring results in higher rates of workplace accidents caused by sleep loss. The study analyzed accident and time use data from the Mine Safety and Health Administration and Bureau of Labor Statistics, concluding that the average person sleeps about 40 minutes less the Sunday night of the time switch resulting in approximately 3.6 more work injuries the following Monday in hazardous occupations such as mining and construction.
A drunk driver killed two bicyclists Saturday night. The drunk driver was reported to be a New Orleans Police Officer’s son. Five others were taken to University Medical Center for treatment of their injuries. The incident happened in the 3200 block of Esplanade Avenue, a few blocks away from the Endymion parade route. Most of the victims were bicyclists. Saturday is known to be the most active day for Car Accidents in the City of New Orleans during the Mardi Gras season.