With $14 a barrel oil & Coronavirus layoffs affecting Oil Field Workers, Warehouse Workers, Truckers and those in the Service Industry, disabled injured workers with work restrictions, 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 his Employer of Injury and its Workers Compensation 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 […]
The Coronavirus & $600 Per Week Louisiana Unemployment Claims The CARES Act signed into law by President Trump gives Louisiana eligible employees as well as independent contractors and other workers, who are ordinarily ineligible for unemployment, $600 per week in additional unemployment benefits. To Apply in Louisiana, make your claim with the Louisiana Department of Labor at www.laworks.net Louisiana Gov. John Bel Edwards says Louisiana now has the money from the federal government, and the additional benefit will be available starting Monday, April 13.. Even people who initially get rejected should do their weekly certifications with www.laworks.net so, they can quickly get the money out. Some people, such gig economy workers, independent contractors, and others who get their tax information on form 1099, should apply now, so their information will be in the system and the federal money will flow to them, as soon as it’s available. WHERE IS MY $600 PER WEEK BENEFIT FROM THE CARES ACT? Background On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which provided additional flexibility for state unemployment insurance agencies and additional administrative funding to respond to the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27. It expands states’ ability to provide unemployment insurance for many workers impacted by the COVID-19 pandemic, including for workers who are not ordinarily eligible for unemployment benefits. For more information, please refer to the resources available below. How Do I Apply? To […]
The Louisiana Insurance Commissioner James Donelon learned something from his Republican counterpart Deeia Beck at the Texas Office of Public Insurance Counsel. Ms. Beck represents the interest of Texas consumers in insurance matters. Therefore, she has created a nifty online tool allowing Texas policyholders to compare coverages for homeowners, automobile, renters and condo insurance. The tool helps consumers compare insurance company policies so that consumers will know what is covered and excluded such as plumbing leaks, mold testing and remediation and foundation damage. If the consumers own policy does not favorably compare to another company, the consumer can then consider switching to another insurance company providing the desired insurance coverage. Mr. Donelon created a similar online tool for Louisiana policyholders.
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 […]