Legal Question in Workers Comp in Louisiana

Re: W/C Settlement

Dear LawGuru Friend,

First of all, I assume this is a Louisiana case, since the question was directed to me, a Louisiana lawyer. Secondly, when you say the "W/C" doctor says another surgery will do no good, I also assume you mean the doctor that has been retained by the employer and/or its insurer to examine your brother, not a doctor hired by the Louisiana Department of Labor, Office of Workers Compensation. Thirdly, you say that "W/C" wants your brother to make an offer to settle. I assume that you are referring to the insurance company which insures the employer and which is paying your brother's disability workers compensation periodic payments. They may want him to make an offer to settle, but they can't make him make an offer. The choice to seek a settlement is his, and it is an election, not mandatory. Also, the employer and/or its insurer (workers compensation carrier) can make your brother an offer, and it is up to your brother whether to accept it or not. So long as your brother remains totlly disabled, the employer and the employer's workmens compensation carrier (insurer) owe him his legally mandated periodic disability payments; and neither is under any obligation to seek a settlement. Of course, as a practical matter, sometimes when an employer and/or the employer's compensation carrier (insurer) wants to make a lump-sum settlement so as to limit its long-term losses, it may manipulate to get it's own doctor to examine the injured and disabled employee and to give them a piece of paper to "justify" their cutting off the injured and disabled employee from his periodic disability payments, so as to starve the injured and disabled employee into making a settlement. The real issue is whether or not your brother remains disabled, and, if so, to what degree and for what duration. If the employer and/or its insurer takes the position that further surgery will not improve your brother's condition, then certainly it does not have to pay for such surgery, at least until the workers compensation judge says that it has to do so; and this would be based on the sum-total of the medical evidence concerning the feasablity of further surgery. There is more to it all than this, but this is something to think about. Tell your brother to begin to study workers compensation law and other related matters himself and to become a self-made workers compensation "expert" on same. Also, he can feel free to call me and to discuss this matter with me. This is not a solicitation for business, just and offer to be of help. There is no charge for just talking. I am in Lake Charles. Best of luck to you and to your brother! Feel free to call me to discuss this matter, either of you! I am not so easy to catch; but, if I am not in when you call, just leave a message, and I will call either of you back. Again, best of luck to both of you!

Sincerely,

Hardy M. Parkerson, Atty.

Lake Charles

(337) 478-6126

Re: W/C Settlement

The law limits the amount of time that comp payments must be paid. My suggestion is to contact an attorney. This matter is too important to leave to your brother trying to do it on his own. W/C has been drastically altered over the years so that the worker is placed in a tenuous position at best.