Disability access lawsuits have become a cottage industry and they have found their way into Louisiana, Texas and Arkansas. Most are brought by the serial litigants working with same law firm. These plaintiffs visit a business for the primary purpose of discovering an Americans with Disabilities Act (ADA) accessibility violation and then file a federal
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CMS Recovery and Reporting Thresholds
CMS issued an Alert on November 15, 2016, concerning 2017 Recovery Thresholds. On December 12, 2016, it issued another Alert regarding 2017 Reporting Thresholds. CMS also updated its NGHP User Guide on January 3, 2017.
The effect of the Alerts:
Reporting Threshold: $750.00 for liability insurance (including self-insurance), no-fault insurance, and workers’ compensation payments.
- Liability:
…
WDLA Rules That Offshore Contractors Are Not Subject To BSEE Regulation
By the Admiralty and Maritime Team
In an earlier blog post here we highlighted the facts in Island Operating Co., v. Jewell, et al., Civil Action No. 16-145, currently pending in the Lafayette Division of the Western District of Louisiana. The central issue in Island Operating is whether a contractor that provides personnel to perform…
EPA RMP Requirements: Root Cause Analysis for Near Misses
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule. On December 21, 2016, the EPA disclosed its changes via a Pre-Publication Copy. A series of blogs are planned to address five major changes: root cause analysis for near misses, third-party audits, inherently safer technology,…
EPA Amends the Risk Management Program (RMP) Rule
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the RMP Rule . On December 21, 2016, the EPA disclosed its changes via a Pre-Publication Copy.
In the proposed rule, the EPA essentially agreed that the scope and trigger for post incident investigation was not universally understood or applied. The final rule…
Standing Orders Permitted for the Distribution of Naloxone
Recognizing the global problem of abuse and addiction to opioids, the Louisiana Legislature and the Louisiana Board of Pharmacy have enacted legislation and regulations to provide for the prescribing, dispensing and administration of Naloxone, an opioid antagonist.
In 2014, the Louisiana Legislature passed legislation authorizing “first responders” (peace officers, firefighters, EMS practitioners) to receive a…
If You Build It, They May Hack: Data Privacy & Cybersecurity FAQs for the Construction Industry
Continuing the trend from 2015, 2016 has seen a significant number of large, public data breaches. Many of these breaches involved high-profile companies such as the Democratic National Convention, Internal Revenue Service, MySpace, Yahoo!, and Anthem. Since large corporate and government breaches typically get the most attention, many smaller, local businesses can be lulled into…
IME Opinion That Seaman is at MMI Will Not Shield Jones Act Employer from Punitive Damage Exposure if Used to Terminate Maintenance and Cure Benefits
The doctrine of maintenance and cure mandates that an employer pay an injured seaman a per diem living allowance for food and lodging comparable to what the seaman was entitled to while at sea. The injured seaman is also entitled to payment of medical expenses incurred in treating an injury or illness. The duty to…
Seaman Status Found for Worker on “Floating Mat” Not Connected to a Vessel at the Time of Injury
On October 19, 2016, the Louisiana Third Circuit Court of Appeal in Guidry v. ABC Ins. Co., 2016-61 (La. App. 3 Cir. 10/19/16); — So. 3d — affirmed that a welder injured while assisting in the construction of a bulkhead in Grand Isle, LA was a seaman and that the floating mat on which he…
Western District of Louisiana to Test BSEE’s Authority to Issue INC’s to Offshore Contractors
Historically, the U.S. Bureau of Safety and Environmental Enforcement (BSEE) has issued Incidents of Non-Compliance (INC’s) to oil and gas lease holders on the Outer Continental Shelf for a variety of accidents, spills, and other incidents offshore. However, as a result of the events that led to the Deepwater Horizon explosion and the subsequent investigation,…