In a recent case before the Louisiana Third Circuit Court of Appeal, the court reviewed a case in which the workers’ compensation judge found the claimant had made willful misstatements for the purpose of obtaining Louisiana workers’ compensation benefits. In this case, the court stated the level of proof necessary to show an injured worker’s false representations are more than inadvertent statements. In this case, medical testimony and surveillance video showed that the injured worker had in fact made false statements in order to receive benefits. In April 2012, Earnest Hypolite suffered a workplace accident when he slipped and fell during work at the M.A. Patout sugar mill. He aggravated a previous back injury. His employer paid indemnity and medical benefits through their workers’ compensation insurer. The insurer then terminated the benefits after investigating Mr. Hypolite’s claim and concluding that he made false statements to his treating physician and that he had been collecting income from a personal business.
Recently, the Louisiana Court of Appeal for the Second Circuit affirmed a judgment in favor of the defendants in a personal injury lawsuit brought by parents on behalf of their minor son, who was injured at school while moving a table, per a teacher’s instruction. The appellate court reviewed Louisiana law concerning claims of negligent supervision and stated that the law requires a court to consider the age of the children involved in the alleged incident. Furthermore, there must be proof of a causal link between the insufficient supervision and the accident before imposing liability on a school board. In February 2012, the P.E. Coach at Jonesboro Hodge High School instructed Jordan Boston and Clayton Hampton, two ninth-grade students, to move a table from the gym to the academic building following a science fair. While carrying the table, it slipped from Clayton’s hands and landed on Jordan’s left big toe. As a result, Jordan suffered a fractured left big toe.
The Louisiana Third Circuit Court of Appeal recently issued a decision in a multiple-vehicle automobile lawsuit involving issues of fault and damages. The court held that the trial court had erroneously allocated fault, and based on the evidence, the two individuals previously without fault were in fact negligent and partly responsible for the collision. Specifically, the court analyzed whether two individuals had breached a duty of care by agreeing to tow a vehicle at a high rate of speed. In their discussion, the court stated that the fault issue centered on State Farm alleging that the 95% apportionment of fault to Ms. Decuir had been an error. State Farm asserted Mr. Jacobs should have been at least partially at fault, since he operated the towed truck. Additionally, State Farm contended that a larger percentage of fault should have been assigned to Mr. Sampson because he did not safely regulate his speed, as the driver of the lead truck.
Recently, the Louisiana Third Circuit Court of Appeal addressed an appeal by a school teacher who suffered injuries while working at her assigned school, in the Lafayette Parish School District. This lawsuit centered on both workers’ compensation and tort issues following the battery of the teacher by a student known to have formerly presented disciplinary issues. The appellate court upheld the lower court’s judgment in favor of the school board, dismissing the plaintiff’s tort claims. In this case, Jenna Field, “Plaintiff,” worked as an English teacher at Northside High School. One of her students, Charles Benjamin, Jr., was attempting to leave the classroom in order to fight with another student in the hallway. As Plaintiff tried to block him by holding the door to the hallway closed, Mr. Benjamin repeatedly hit her in the stomach. He was arrested and charged with battery. Mr. Benjamin pled no contest. At the time of the battery, Plaintiff was six weeks pregnant. Her doctor had noted that she was bleeding after the incident but stated it may have been coincidental, since bleeding is not uncommon for pregnancies at that stage. Later, Plaintiff’s child was born with an injury to her kidney, determined to be congenital in nature. Plaintiff received and continued at the time of the appeal to receive psychological treatment.