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A decision by Louisiana’s Office of Workers' Compensation granting summary judgment in favor of an employer and its workers' compensation insurer was improper where there was a genuine issue of material fact as to whether the employee's infection was contracted during her course of treatment for her workplace accident. The court indicated there was clear evidence that the worker had no infection before the accident, a neurosurgeon testified that the infection developed during the worker’s stay at a hospital while she was being treated for her workplace injury, and the neurosurgeon further stated that it was possible that an epidural steroid injection she received to treat her workplace injury caused the infection.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Lenox v. Central La. Spokes, LLC, 18-556 (La.App. 3 Cir. 02/13/19), 2019 La. App. LEXIS 241
See generally Larson’s Workers’ Compensation Law, § 10.02.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law