Case Results

This is probably my fondest case over my entire career because it was a true David vs. Goliath story, and a perfect example of how an insurance company can build trust with an injured worker and use that trust to its advantage.

In 2013, Louisiana had enacted a new process, called a Preliminary Determination Hearing, to allow an employer a practice trial in front of the workers’ compensation judge and get an advisory opinion on the issues raised by the claimant in the lawsuit. The decision was not binding, nor could it be appealed. The losing side had the opportunity to accept the recommendations and avoid the penalty of possible penalties and attorney fees, or could proceed to a trial on the merits.

This was an example of the employer punishing the employee for having an accident and asserting her right to workers’ compensation benefits. My client was driving a charter bus full of school children. One child was in a wheelchair and needed a parent to assist getting him on and off of the bus. At one stop the parent was having trouble getting the child back on, so my client helped. Unfortunately, she hut her lower back in the process.