Louisiana Third Circuit Court of Appeal Denies Writs on Allegation Workers’ Compensation Claim by Former ConocoPhillips Employee is Prescribed

Published by The Pellegrin Firm November 14, 2019

On November 6, 2019, the Louisiana Third Circuit Court of Appeal denied a petition for supervisory writs in the case of a man who alleges he suffered hearing loss after working at ConocoPhillips’ refinery in Lake Charles from 1969 to 2008.

Louisiana First Circuit Court of Appeal Reverses Judgment for AMC in Case of Teenage Employee Who Fell at Work and Broke Her Arm

Published by the Pellegrin Firm October 10, 2019

In a ruling dated September 27, 2019, the Baton Rouge-based Louisiana First Circuit Court of Appeal reversed a workers’ compensation judge’s judgment for AMC theaters and its workers’ compensation insurer in the case of a teenage employee who fell down the stairs and badly broke her arm, possibly after fainting due to hypoglycemia.

U.S. Court of Appeals for the Fifth Circuit Finds for Insurer in Weird Case; Death Due to Russian Roulette Not Covered by AD&D Policy

Published by The Pellegrin Firm October 9, 2019

In a ruling issued October 1, 2019, the New Orleans-based U.S. Court of Appeals for the Fifth Circuit found for Securian Life Insurance Company in the case of a Texas teenager who shot himself in the head while hanging out with his friends

Can a Mosquito Bite Be an Accident for Purposes of an Accidental Death Policy?

Published by The Pellegrin Firm October 6, 2019

An interesting March 22, 2018, decision from the New Orleans-based U.S. Court of Appeals for the Fifth Circuit found that it can be under Texas law. The court of appeals found the question to be close enough that the federal district court was wrong to grant summary judgment for the insurer.

Louisiana Third Circuit Court of Appeal Affirms Judgment Finding Employer Was Arbitrary and Capricious in Controverting Claim for Workers’ Compensation Benefits

Published by The Pellegrin Firm October 1, 2019

In a September 18, 2019 decision, The Louisiana Third Circuit Court of Appeal affirmed a Lake Charles workers’ compensation judge’s decision to award workers’ compensation benefits, attorneys’ fees, and penalties to an injured employee of Chicago Bridge & Iron.

New Orleans Federal Judge Remands Surgical Provider’s Lawsuit Against Humana ; Finds ERISA Does Not Preempt State Law Claims

Published by The Pellegrin Firm September 17, 2019

On September 13, 2019, New Orleans federal judge Carl J. Barbier remanded a lawsuit filed by Crescent City Surgical Centre against health insurer Humana to Louisiana state court in Jefferson Parish. Crescent alleges that in 2011 Humana began paying less than what it agreed to pay for services on the Humana provider web portal.