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Cases Examples Louisiana Appellate Court Has Held

Appellate Court Holds Plaintiffs Injured in Boat Collision in Louisiana with Unknown Submerged Object Failed to Defeat Summary Judgment Motion on Negligence Claim

The Fourth Circuit reviewed a case involving injuries sustained in a boating accident.  The issue before the appellate court was whether the plaintiffs had met their burden of showing a genuine issue of material fact remained on the issue of liability for the defendant.  The defendant argued that the plaintiffs could not show there was solidary liability with an originally named defendant and that the claims against them were therefore prescribed.

Louisiana Appeals Court Holds Employee Had Not Suffered Work-Related Accident

In a case before the Fifth Circuit Court of Appeal, the court addressed the issue of whether an employee had sustained a work-related accident and was therefore eligible for workers’ compensation benefits.

Louisiana Appeals Court Holds Injured Worker Entitled to Workers’ Compensation Following Attack in Parking Lot

In a case before the Louisiana Court of Appeal, Second Circuit, the court clarified the requirements of a Louisiana worker’s compensation claim. To fall under the purview of worker’s compensation, an employee must suffer an injury in the course of their employment and arising out of their employment.   At issue, in this case, is whether an individual injured while walking to her car at the end of her shift is to be compensated under workers’ compensation.

Louisiana Appeals Court Upholds Judgment in Favor of Injured Employee Based on Her Credibility and Medical Testimony

The Louisiana Second Circuit Court of Appeal affirmed a judgment by the Workers’ Compensation Judge, affirming the decision in favor of an employee who had been injured in a work-related accident.

Louisiana Appellate Court Holds Injured Plaintiff Failed to Show Department of Transportation Had Notice of Failed Stop Sign After Intersection Car Accident

In a case before the Louisiana Court of Appeal, Third Circuit, the court addressed whether a plaintiff had met his burden of showing a genuine issue of material fact existed at trial. Since the defendants had moved for summary judgment, Louisiana law required the plaintiff to show there remained a material fact in dispute regarding their liability. DSC05235-BIn this particular case, the issue was whether the defendants had notice of a twisted or bent stop sign at an intersection. The plaintiff contended that due to the failed stop sign, he drove into a ditch and suffered injuries and damage to his vehicle.

Louisiana Court Holds Inaccurate Information on Insurance Application Not Material and Beneficiary Entitled to Proceeds

A recent case before the Third Circuit Court of Appeal addressed the materiality of an inaccurate statement on an insurance application.  The insurance company sought to deny issuing the policy proceeds to the beneficiary, but the court analyzed whether the information, had it been accurately provided, would have led the insurer to deny coverage or issue coverage at a higher rate.  Louisiana law applies this standard to determine whether recovery is precluded under the policy.

Louisiana Court Holds Injections Deemed Medically Necessary Under Medical Guidelines

The Louisiana Second Circuit Court of Appeal addressed issues concerning what is “medically necessary” under Louisiana workers’ compensation laws.  The enactment of the Louisiana Medical Treatment Guidelines serves to deliver efficient medical care, but the treatment must be necessary in order to be compensated.

Louisiana Court Holds Injured Welder is “Seaman” Under Jones Act Because Connection to Fleet of Vessels was Substantial in Duration and Nature

The Louisiana Third Circuit Court of Appeal addressed an appeal in a maritime injury dispute following an accident that injured a welder working on a floating mat for a construction project. The injured plaintiff, in this case, was awarded over three million dollars, and liability was imposed upon his employer.  At issue on appeal was whether the court properly found he had seaman status under the Jones Act and whether the award of general damages was an abuse of discretion.

Louisiana Court Holds Workers’ Compensation Claimant Failed to Meet Burden of Proof Regarding Alleged Shoulder Injury

The Second Circuit Court of Appeal issued a decision in a case involving the award of damages in a workers’ compensation case.  At issue was whether the alleged injury occurred from an on-the-job accident.  The court reviewed the testimony of supervising employees, medical evidence, and the claimant’s testimony concerning his injuries to determine whether he met his burden of proof to show his injuries were caused by a workplace accident.
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