The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013 ). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
Latest from Louisiana Law Blog - Page 28
U.S. Fifth Circuit Extends McCorpen Defense to Successor Employer
Earlier this year, the U.S. Fifth Circuit authored an opinion in Meche v. Doucet, 777 F.3d 237 (5th Cir. Jan. 22, 2015) that touched on important issues related to the McCorpen defense against a seaman’s claim for maintenance and cure. See McCorpen v. Central Gulf Steamship Corp., 396 F.2d 547 (5th Cir. 1968).
McCorpen allows
The Fifth Circuit’s Latest Longshore and Harbor Workers’ Compensation Ruling
In its most recent decision regarding Longshore and Harbor Workers’ Compensation Act (LHWCA) coverage, namely New Orleans Depot Services, Inc. v. Director, Office of Workers’ Compensation Programs, 718 F.3d 384 (5th Cir. 2013) (en banc), the United States Fifth Circuit Court of Appeals defined “adjoining” as used in the LHWCA to mean “bordering on or
Work Related Stress: It Comes With The Job for a Jones Act Seaman
In a recent decision, the Eleventh Circuit in Skye v. Maersk Line Limited, Corp., 751 F.3d 1262 (11th Cir. 2014), reversed a district court ruling awarding damages to a Jones Act seaman for injuries stemming from “excessive work hours and an erratic sleep schedule.” The Court’s decision in Skye reaffirms a now decades old prohibition
Louisiana Employers Barred From Demanding Access to Employee and Applicant Personal Social Media Accounts
On May 13, 2014, Louisiana’s legislators joined the ranks of several other states by passing legislation to prevent employers and schools from demanding access to social media, personal email, and other online accounts. House Bill 340, also known as the Personal Online Account Privacy Protection Act, will prohibit employers from: (1) requesting or requiring an
Acting on a Reservation of Rights Letter from your Insurance Company
A lawsuit is on the horizon, or you have been sued, so you have given proper notice to your insurance company. Your insurance company sends a letter acknowledging the claim or suit, acknowledges its duty to defend, and states variations of any of the following:
“Please be advised that our review of this matter
Louisiana Fourth Circuit Offers Clarification on the Role of Pharmaceutical Labeling and Package Inserts in Medical Malpractice Litigation: Deviation from manufacturer dosage instructions is not ipso facto evidence of breach
The effect of a physician’s decision to deviate from the pharmaceutical company’s dosage instructions contained in a drug’s FDA approved package insert has been a recurring issue in medical malpractice litigation with many claimants contending that any deviation from the manufacturer’s instructions constitutes malpractice. In a recent case the Louisiana Fourth Circuit has now specifically
OIG Allows Medigap Policy to Provide Premium Credits for Network Hospital Patients
In its second advisory opinion of the year, issued February 12, 2014, the U.S. Department of Health & Human Services, Office of Inspector General (OIG) determined that it would not impose sanctions pursuant to the anti-kickback statute or civil monetary penalty law on a proposed arrangement involving a licensed offeror of Medicare supplemental health insurance
The Fifth Circuit’s Latest Longshore and Harbor Workers’ Compensation Ruling
In its most recent decision regarding Longshore and Harbor Workers’ Compensation Act (LHWCA) coverage, namely New Orleans Depot Services, Inc. v. Director, Office of Workers’ Compensation Programs, 718 F.3d 384 (5th Cir. 2013) (en banc), the United States Fifth Circuit Court of Appeals defined “adjoining” as used in the LHWCA to mean “bordering on or
OIG Report Criticizes CMS’ RAC Program
The Office of Inspector General (“OIG”) of the United States Department of Health and Human Services (“HHS”) has issued a report criticizing the Centers for Medicare and Medicaid (“CMS”) and its Recovery Audit Contractor (“RAC”) Program. In a report issued on September 4, 2013, the OIG determined that CMS need to take corrective action on