The Louisiana Supreme Court has ruled that a claimant’s decision not to answer his employer’s appeal of an award of temporary total disability benefits did not bar said claimant from later pursuing supplemental earnings benefits after the appeals court reversed his entitlement to TTD. The case, Lamartiniere v. Boise Cascade Corp., centered around an initial fraud allegation through which Boise attempted to end Lamartiniere’s benefits. Both the trial court and appeals court found the fraud allegation to be unfounded, but the appeals court further decided that Lamartiniere had failed to meet his burden of proof to receive TTD and barred him from petitioning for SEB instead since he had never filed an answer to Boise’s original appeal. Upon review by the Supreme Court, the judges found that since the original trial court ruling had been entirely in Lamartiniere’s favor, he was not obligated to answer the employer appeal, and thus, reinstated his right to apply for SEB.
Read the the decision here.
Read the full overview from WorkCompCentral (paid content) here.