We have moved into our new office. Our new address is:
1404 Greengate Drive
Suite 110
Covington, Louisiana 70433
May 2016
We continue to offer summer dates for seminars/classes on Louisiana Workers’ Compensation Act, the Longshore and Harbor Workers’ Compensation Act, and Jones Act/maritime areas of law. We also provide a ‘Lunch and Learn’ series, where we meet over lunch to discuss any areas of law you wish. Please contact me if interested.
As always, please continue to provide us with feedback and comments on our monthly newsletter. If there are any ways we can make it better, please let us know.
Many Thanks, Matthew D. Crumhorn, Esq.
FIRM NEWS
Rabalais Unland participated in a Rotary Club’s annual Quack-a-falaya event. This event supports healthy families and recreation in St. Tammany Parish, Louisiana. Rabalais Unland was a raffle winner!!
LOUISIANA WORKERS’ COMP NEWS
The Louisiana Workers’ Compensation Advisory Council’s next meeting is scheduled for June 23, 2016 at 9:30 a.m.
Average weekly wage: $865.31 Maximum compensation rate: $649.00 Minimum compensation rate: $173.00
The Louisiana Workforce Commission has amended the filing fees and court costs for the 2016 year. Please refer to the website for information. www.laworks.net
Effective immediately, Deputy Director Pauline Williams will be acting Director of the Second Injury Board.
Happy Birthday to:
Happy Anniversary to:
Christie Clark Cathy Guy
Chase Boeneke (3 years)
QUOTE OF THE MONTH :
“Leadership is a potent combination of strategy and character. But if you must be without one, be without the strategy.
– Norman Schwarzkopf
Resources/Links:
www.laworks.net www.dol.gov/owcp/dlhwc/index.htm
IMPORTANT CHANGES TO LABOR LAW
The U.S. Department of Labor has finalized sweeping changes to the Fair Labor and Standards Act (FLSA) overtime rules. The new changes will extend protection to workers by increasing the salary threshold for “white collar” exemptions from the current minimum of $455 per week, or $23,660 a year, to $913 per week, or $47,476 per year. The salary threshold will also automatically update every three (3) years.
Please refer to the Department of Labor website for more information. www.dol.gov.
IMPORTANT CHANGES TO GENERAL LOUISIANA LAW
AS A REMINDER:
Louisiana Administrative Code 40:I.311.H now requires the payor to pay uncontested ELECTRONIC medical bills within thirty (30) days of receiving them, or receiving additional information that was requested. Bills that are not timely paid will be subject to the penalty provisions of Louisiana Revised Statute 23:1201(F).
RECENT LOUISIANA WORKERS’ COMPENSATION CASES
Ledet v. Robinson Helicopter Co., 15-CA-1286 (La. App. 1 Cir. 4/15/16)
This dispute involved enforcement of a settlement agreement. LWCC filed a Motion to Enforce Settlement, seeking an order forcing the claimant and a third party to settle so LWCC could obtain reimbursement of workers’ compensation benefits. The claimant’s agreement with the third party included an indemnification and hold harmless provision, whereby the claimant agreed to accept all responsibility for liens.
The First Circuit held that this agreement did not create a right in favor of LWCC to seek enforcement of the settlement agreement to which it is not a party. LWCC clearly had a cause of action to seek reimbursement of workers’ compensation benefits, but the law does not provide a right of reimbursement from the claimant. Once the claimant settled her claims with the third parties, the rights of LWCC, along with the claimant and the third parties, were governed by LA. R.S. 23:1102. That statute does not grant a workers’ compensation insurer a right of reimbursement against an employee or his dependant for benefits previously received, but only a right of reimbursement from the third parties.
Black v. CenturyLink, 50,572-WCA (La. App. 2 Cir. 4/13/16)
This case is another example of the ongoing problems with the Medical Treatment Guidelines. If you have participated in our ‘lunch and learn’ seminar, the use of the Medical Treatment Guidelines has been a big issue in Louisiana.
In this claim, the Second Circuit Court of Appeals found that the workers’ compensation Judge erred in not finding that the Medical Treatment Guidelines “pre-authorized” the prescription of topical cream. The Appellate Court held that although the Medical Treatment Guidelines do not include topical creams as nonoperative therapeutic procedure for patients with carpal tunnel syndrome, the Guidelines specifically list “topical medications” as an authorized treatment for another of the claimant’s conditions, complex regional pain syndrome.
Gulley v. Hope Youth Ranch, et. al., 50,562-WCA (La. App. 3 Cir. 4/6/16)
This is another Medical Treatment Guideline issue, but from the Third Circuit Court of Appeal. In this case, the Third Circuit found no error in the Office of Workers’ Compensation Medical Director’s decision to deny approval for a trial of a spinal cord stimulator.
Gaines v. Home Care Solutions, LLC., 2015-CA-0895 (La. App. 4 Cir. 4/6/16)
The employer appeals a workers’ compensation decision that the claimant suffered a compensable low back injury and is temporary and totally disabled from same. The claimant was bitten by a dog while at a client’s home and was treated twice for leg pain. Several days later she complained of low back pain and reported it to her employer.
In review of the medical evidence and witness testimony the workers’ compensation Judge found the claimant’s version of events to be credible. The Appellate Court relied on the lower court’s credibility of witnesses and affirmed the Judgment.
Weems v. Electric Inc. Co. et al., 15-854 (La. App. 3 Cir. 5/11/16)
The Third Circuit Court of Appeal affirmed the workers’ compensation Judge’s decision to grant summary judgment in the employer’s favor. The Court’s found that the claimant failed to disclose her pre-existing neck andbackproblems,despitealongstrugglewithsame. Theclaimantfailedtodiscloseherpre-existingproblems to both her physicians and in written discovery requested by the employer. The courts found that the claimant violated La.R.S. 23:1208 and forfeited her right to benefits.
Maldonado-Mejia v. Eversound Kitchen & Bath, LLC., 15-CA-0859 (La. App. 4 Cir. 4/29/16)
The Fourth Circuit Court of Appeals found that the claimant is not entitled to workers compensation benefits as an independent contractor. The Courts reasoned that in order for an independent contractor to be covered under the “manual labor exception,” he must show that a substantial part of his work time is spent in manual labor in carrying out the terms of his contract with the principal and the work performed by him is part of the principal’s trade, business, or occupation. The jurisprudence has held that manual labor occurs where the physical element predominates the mental element. The Court found that, while the claimant’s cleaning services were manual labor, moving or cleaning work is not essential or integral to the sales or installation of cabinets or counter tops.