A recent dispute between a law firm and its workers’ compensation carrier, the Louisiana Supreme court addressed both the jurisdiction of the OWC under La. R.S. 23:1310.3(F), and the obligations to defend in Cox, Cox, Filo, Camel & Wilson, LLC V. Louisiana Workers’ Comp. Corp., 2021-00566 (La. 3/25/22). There, a law firm’s employee pursued a workers compensation claim against the employer for a vision issue that required limited use of computers. The firm submitted the claim to its compensation insurer for coverage. The insurer initially denied the claim and the employee pursued a claim in the OWC against both the insurer and the employer. The next day the firm’s managing partner contacted the insurer to inquire as to the name of the attorney who would represent the employer in the matter. Over the course of several weeks the carrier notified the law firm that obtaining counsel to represent the firm was problematic because of the conflicts of interest with other members of the local bar. The carrier’s counsel obtained an unlimited delay in discovery responses but did not inform the firm. The firm’s managing partner, believing time deadlines were approaching submitted a response for the firm and countersued against the carrier for breach of the duty to defend.
Contact an Experienced New Orleans Workers Compensation Attorney
Lavis Law Firm – Personal Injury & Accident Attorney handles disputed claims for compensation and workers comp settlements at the Louisiana Office of Workers Compensation District Office, which are located in Harahan, New Orleans, Houma, Lafayette, Lake Charles, Baton Rouge, Covington, Alexandria, Monroe and Shreveport.
If you need help or have any question about your job injury, call me, a Louisiana workers’ compensation lawyer, at 866-558-9151, or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don’t delay.