Louisiana has undergone significant changes in its approach to marijuana laws. Once known for stringent policies, recent legislative shifts reflect a more lenient stance. One noteworthy update includes decriminalizing possession of small amounts of marijuana for personal use. Before these reforms, individuals could face severe consequences including jail time, even for minor offenses. Now, such offenses often result in monetary fines instead of criminal charges.

Moreover, these legislative alterations have an impact on prior convictions. A ripple effect is occurring where people with past offenses have the opportunity for record expungement. Essentially, past convictions for minor marijuana possession could be erased, offering a clean slate for many.

These reforms do more than just alter the legal landscape; they influence lives directly. By reducing the severity of penalties and allowing for expungement, Louisiana is redefining its societal view on marijuana use and its related crimes. It’s a significant shift worth paying close attention to, both for those previously convicted and for anyone interested in drug laws.

Re-examining Past Drug Convictions: An Overview

In light of new marijuana law reforms in Louisiana, it’s time to talk about the implications for individuals with past drug convictions. Not long ago, a drug charge could upend someone’s life, leading to hardships in everything from employment to housing. Recent changes, however, open doors for many who were previously convicted. One of the biggest shifts involves the possibility of expunging past offenses from public records.

Expungement essentially wipes clean certain convictions, making it easier for individuals to move forward without the burden of a criminal record. For example, someone convicted for possessing a small amount of marijuana might be eligible for expungement, resulting in a clearer path to job opportunities and more.

Such changes reflect a broader societal shift in how drug offenses, particularly those involving marijuana, are viewed. Louisiana’s recent legal adjustments signal a more forgiving and nuanced approach to drug-related offenses, which has long-term benefits for numerous people.

Eligibility Criteria for Expunging Marijuana Offenses

Eligibility for expunging marijuana offenses in Louisiana has become a topic of interest due to recent law changes. Expungement is essentially a legal erasure of certain criminal records, making it easier for people to secure jobs or housing. Please note Louisiana’s new marijuana laws mostly target minor possession charges for expungement.

Generally, offenses involving a small amount of marijuana for personal use are the ones considered for expungement. People with multiple drug-related convictions may find it more challenging to qualify. It’s also unlikely for serious drug offenses, like trafficking or distribution, to be eligible.

It’s not just the type of conviction in question; timing can also play a role. A certain period must usually pass without any additional convictions before someone becomes eligible for expungement. Overall, the criteria for expungement reflect Louisiana’s growing leniency towards minor marijuana offenses.

A Walkthrough of Legal Processes: Overturning Past Marijuana Convictions

Overturning past marijuana convictions involves a series of legal steps, but the pathway has been somewhat smoothed by Louisiana’s recent law changes. First and foremost, individuals must determine if they are eligible for expungement. After identifying eligibility, paperwork comes into play. Official forms, including court documents and possibly police reports, may be required to start the process.

Once all required documents are collected, individuals submit them to the court. A judge reviews these submissions and makes a ruling based on the information provided as well as the specific circumstances surrounding the past offense. If the judge approves the expungement, an individual’s criminal record for a specific offense gets erased, effectively giving them a fresh start.

While the procedure may appear straightforward, it’s often accompanied by waiting periods and several court visits. Nevertheless, the option to overturn a past marijuana conviction is a significant development for many, offering an opportunity for a cleaner slate.

Monetary Implications: Fines and Restitution Revisited

One of the most immediate benefits of Louisiana’s updated marijuana laws lies in the area of monetary penalties. Before the reforms, even minor offenses could lead to hefty fines and sometimes even asset forfeiture. However, the new laws have shifted the focus more towards civil penalties, such as reduced fines, for minor offenses like small-scale possession.

For those with past convictions, these changes can also make a difference. In some cases, individuals might be able to petition the court for adjustments to fines or restitution previously ordered. This doesn’t necessarily mean all financial obligations will be wiped away, but it does open doors for possible revisions to financial penalties imposed under old laws.

These changes in monetary policy are especially significant for low-income individuals, who were often hit hardest by the previous regime of high fines and asset forfeiture. The new laws offer a more balanced approach, allowing for fairer financial outcomes.

Employment Horizons: How Marijuana Law Reforms Affect Job Prospects

Changes to Louisiana’s marijuana laws carry far-reaching consequences, especially in employment. Past drug convictions have often served as barriers to job opportunities, given many employers perform background checks. However, the option to expunge minor marijuana offenses can create more favorable conditions for job seekers. Once a record is expunged, it generally won’t appear in most types of background checks, which could make it easier to secure a job.

Furthermore, less punitive measures for minor offenses mean fewer people will have drug convictions on their records going forward. Employers might also be evolving in their views about past marijuana use, particularly as it becomes decriminalized or even legalized in various parts of the country.

Overall, these legal reforms can have a positive impact on someone’s job prospects, leveling the playing field for those who have been convicted of minor marijuana offenses in the past.

Family Matters: Custodial Rights and Reformed Drug Laws

Marijuana Law

Recent changes in Louisiana’s marijuana laws can also have an impact on family dynamics, especially when it comes to custodial rights. In the past, a drug conviction could be a significant stumbling block for parents involved in custody battles. Judges often considered these convictions when determining the best interests of a child. However, with the option to expunge minor marijuana offenses, parents may face fewer hurdles in family court.

The new laws could also ease tensions during divorce proceedings or custody negotiations. Reduced stigma surrounding minor marijuana offenses might result in these issues being less contentious in legal discussions. Moreover, fewer people facing severe penalties for minor offenses means fewer families disrupted by jail sentences and hefty fines.

In summary, while drug laws and family matters may seem unrelated at first glance, the recent reforms in marijuana laws are closely linked to family integrity and parental rights.

Call 504-523-6496 or contact our expert team for a free consultation. 

Recently, Senator Dianne Feinstein of California has made the headlines as her age and declining health have called her abilities as a lawmaker into question. Senator Feinstein, who is also the heir to her late husband’s multi-million dollar estate, has signed over Power of Attorney to her 66 year-old daughter to manage her financial affairs.  

In Louisiana, understanding different types of Power of Attorney is an essential part of estate planning. A Power of Attorney document allows a person to appoint someone else to make decisions on their behalf. Various kinds of Power of Attorney serve diverse needs and functions. Some grant broad authority, while others are limited to specific tasks or situations. Knowing each type and its purpose can help individuals make informed decisions about financial, medical, or personal affairs. An overview of these Power of Attorney types provides a solid foundation for comprehending how they function within Louisiana’s legal system. Whether planning for long-term needs or temporary circumstances, recognizing these variations is an important step in preparing for life’s unexpected events.

General Power of Attorney: Scope and Limitations

A General Power of Attorney in Louisiana gives broad authority to a chosen individual, known as an agent, to act on behalf of another person. Unlike other more specific types, it encompasses a wide range of responsibilities. An agent can manage financial matters, sign documents, and handle other essential tasks. However, it’s vital to recognize limitations as well. If a person becomes mentally incapacitated, a General Power of Attorney often becomes void. Therefore, it may not be suitable for long-term planning where such a situation may arise. 

Durable Power of Attorney: Long-term Planning Decisions

A Durable Power of Attorney in Louisiana plays a key role in long-term planning decisions. Unlike the General Power of Attorney, which may become void if a person loses mental capacity, the Durable type remains in effect. It enables the appointed individual, or agent, to continue making decisions even if the person granting the power becomes incapacitated. The areas it can cover are diverse, including financial matters, medical decisions, or property management. It’s often seen as a vital tool in long-term planning, as it ensures continuity of decision-making in unforeseen circumstances. By recognizing its unique characteristics and functions, people can utilize a Durable Power of Attorney to achieve peace of mind in planning for the future.

Medical Power of Attorney: Making Health Care Choices

A Medical Power of Attorney in Louisiana is a specific document allowing a chosen agent to make healthcare decisions on someone’s behalf. It comes into play if a person becomes unable to make or communicate such choices due to illness or injury. The agent can then decide on medical treatments, surgeries, and other healthcare-related matters in accordance with the wishes of the person granting the power. It’s essential to choose an agent who understands and respects those wishes. A Medical Power of Attorney offers reassurance, as it puts health care decisions in the hands of a trusted individual. Knowing how it functions and when it becomes active can provide valuable insight for those considering their medical planning needs.

Special or Limited Power of Attorney: Specific Tasks Defined

A Special or Limited Power of Attorney in Louisiana is designed to give authority to an agent for specific tasks or a set period. Unlike a General Power of Attorney that covers a broad range of actions, a Special Power of Attorney is tailored to needs. It could be used for a single financial transaction, such as selling a property, or for managing specific assets while someone is away. Once the defined task is complete, or the set time has passed, the Special Power of Attorney becomes void. It provides control and assurance, allowing the person granting the power to pinpoint exactly what the agent can and cannot do. 

Springing Power of Attorney: Activation Under Certain Conditions

A Springing Power of Attorney in Louisiana is unique in its activation, as it comes into effect under certain predefined conditions. Unlike other types which may be effective immediately, a Springing Power of Attorney remains dormant until a specific event occurs, such as the incapacitation of the person granting the power. Once the conditions are met, the chosen agent gains the ability to act on behalf of the person. This type can cover various areas, including financial or health care decisions. It offers a level of control and assurance, allowing for careful planning without immediate transfer of authority.

Parental Power of Attorney: Assigning Temporary Guardian Rights

In Louisiana, a Parental Power of Attorney enables a parent to delegate temporary guardian rights to another individual. It is often used when a parent is unable to care for a child for a limited time, such as during travel or illness. The appointed agent will then have the legal ability to make decisions related to the child’s education, healthcare, and daily activities. Parental Power of Attorney does not permanently transfer custody or parental rights; it is a temporary arrangement. Furthermore, it cannot override the rights of another legal parent.

Revoking a Power of Attorney: Steps and Considerations

Revoking a Power of Attorney in Louisiana means canceling or nullifying the authority granted to an agent. An individual may wish to revoke a Power of Attorney for various reasons such as a change in relationship with the agent or a shift in needs. Revocation requires specific steps, often involving a written document known as a Revocation of Power of Attorney. It must be signed, dated, and often witnessed or notarized. Distributing copies to relevant parties, including the agent and any institutions where the Power of Attorney was used, is an essential part of the process. 

Power of Attorney Misconceptions: Myths and Facts

Power of Attorney

Misconceptions about Power of Attorney can lead to confusion and misunderstandings. One common myth is that a Power of Attorney grants unlimited control, while in reality, it often has defined limits and scopes. Another misconception is it remains valid after death, when, in fact, it typically becomes void once the person granting the power passes away. Some people also mistakenly believe a Power of Attorney can override a will, but these are separate legal documents with different functions. Others think creating a Power of Attorney is a complex and costly process, although it can often be done with relative simplicity. By distinguishing between myths and facts about Power of Attorney, individuals can gain a more accurate understanding of its role and function within legal planning and decision-making

Call 504-523-6496 or contact our expert team for a free consultation.

Nursing home patients were especially vulnerable during the COVID-19 pandemic, and in 2020, two residents at the Southeast Louisiana War Veterans Home in Reserve, who were roommates and close friends, contracted the virus and unfortunately died one day apart. The residents’ families filed a medical malpractice lawsuit against the nursing home in 2022, claiming the facility did not do enough to prevent the men from exposure to the virus and shield them from the risk of contracting COVID-19. 

In simple terms, medical malpractice in Louisiana happens when a healthcare provider, like a doctor or nurse, causes harm to a patient because they didn’t do their job properly. This goes beyond a simple mistake or a treatment that didn’t work. It means that the provider did not meet the “standard of care” that is expected in their profession. This standard is what any reasonable healthcare provider would do in the same situation. So, to show medical malpractice, it needs to be clear that the provider’s care was not up to these standards, and that this directly led to harm or injury to the patient.

Establishing a Doctor-Patient Relationship

In a medical malpractice case in Louisiana, the first thing that must be shown is the existence of a doctor-patient relationship. This means that the doctor agreed to diagnose or treat the patient, and the patient agreed to be diagnosed or treated by that doctor. This relationship is usually easy to prove if the person regularly sees the doctor. However, it can get a bit tricky if the interaction was less formal. For instance, if a doctor gave advice at a social event, would that count? It’s essential to show that the doctor agreed to provide medical care and the patient agreed to receive it. This agreement is the cornerstone of any medical malpractice case.

Identifying Negligence in Medical Malpractice

In Louisiana, finding negligence is the heart of a medical malpractice case. To show that a healthcare provider was negligent, one must prove they didn’t meet the standard of care typical in their field. This can be a tricky part. Did the doctor miss an important symptom when diagnosing? Did the surgeon make a critical error during the procedure? Negligence can show up in numerous ways. Once identified and correctly presented, it becomes a powerful part of a malpractice case. It’s important to demonstrate that a reasonable, competent medical professional in the same situation would not have made the same error. This proves the negligence.

Proving Breach of Standard Care

In Louisiana, another critical element in a medical malpractice case is showing a breach of the “standard of care”. This term refers to what a sensible healthcare provider would have done under similar circumstances. If the medical care given falls short of this standard, it can be viewed as a breach. Was the diagnosis missed when another doctor would have spotted it? Was a procedure performed incorrectly? These are examples of possible breaches. It’s not always easy to prove, but when it’s shown that the healthcare provider’s actions were not up to standard and caused harm, it becomes a significant point in a medical malpractice case.

Causation in Medical Malpractice

A vital step in a Louisiana medical malpractice case is proving causation. This means it’s necessary to show that the patient’s harm or injury was directly caused by the healthcare provider’s negligence, not by something else. Simply showing that the healthcare provider made a mistake isn’t enough. Maybe the healthcare provider did make an error, but did that error lead to harm? If a patient had surgery and then developed an infection, was it due to the surgeon’s negligence or an unrelated factor? Answering these questions can be challenging, but it’s key to connect the provider’s negligence to the patient’s injury. This direct link is the essence of proving causation in a medical malpractice case.

Quantifying Damages in Medical Malpractice Claims

Calculating damages in a Louisiana medical malpractice case is a crucial step. Damages refer to the money claimed to compensate for the harm done by the healthcare provider’s negligence. There are many factors to consider. These can include direct costs like medical bills for additional treatment or indirect costs like lost wages from time off work. It might also cover non-tangible costs, such as pain and suffering or emotional distress. It’s important to accurately calculate all these costs. That’s because these figures become the goal of the case – the amount of money that will make things right for the harm done. Understanding how to calculate damages effectively is a critical part of a medical malpractice claim.

The Role of Expert Witnesses in Medical Malpractice Cases

Expert witnesses are key players in Louisiana medical malpractice cases. These are typically seasoned healthcare professionals who can provide a deeper understanding of complex medical matters. An expert witness can break down intricate medical procedures and norms into simpler, more understandable terms. For instance, they might describe the standard of care expected in a particular medical situation and whether it was met. They can also articulate how a healthcare provider’s actions might have deviated from these standards, leading to patient harm. Their expert perspective adds weight and validity to the malpractice claim, making them an integral part of the process and outcome of a case.

The Impact of Louisiana’s Medical Malpractice Act

The Louisiana Medical Malpractice Act greatly affects how medical malpractice cases are handled in the state. One of the biggest ways it influences these cases is through damage caps. These are limits on the amount of money a patient can receive from a lawsuit. In Louisiana, although there is a limit of $500,000 on damages, patients harmed by their doctors can potentially receive unlimited coverage for future medical expenses. It’s estimated that around $22.5 million annually, which represents 22 percent of total claims paid in 2013, is directed towards the ongoing medical costs of 180 patients. These individuals will need lifelong medical attention due to the substandard care they received from their healthcare providers.

Additionally, The Louisiana Medical Malpractice Act  sets up a review process before a case can go to court, involving a panel of healthcare professionals who evaluate the claim. This process can impact the timeline of a case and how it proceeds. Approximately 1,600 patients in Louisiana annually request that medical review boards look into their malpractice grievances.

Statute of Limitations in Louisiana’s Medical Malpractice Cases

Medical Malpractice Law

In Louisiana, the law sets a time limit for filing a medical malpractice lawsuit. This is called the statute of limitations. Currently, the limit is one year from the date the malpractice was discovered, or should have been discovered, but never more than three years from the actual date of the malpractice. This means that if too much time has passed, a lawsuit might not be possible. The clock starts ticking as soon as the malpractice is discovered, or reasonably should have been. However, certain circumstances might affect this timeline. Understanding these time limits and how they apply is a critical aspect of a successful medical malpractice case.

If you are dealing with a medical malpractice case, call 504-523-6496 or contact our expert team for a free consultation. 

On August 29, 2005, Hurricane Katrina, with 140-mile-per-hour winds, created devastation in southeast Louisiana. As a result, in 2009, a lawsuit was filed under the Federal Tort Claims Act (FTCA) against the United States and the Army Corps of Engineers, who created and operated a navigation channel called the Mississippi River Gulf Outlet (MRGO). Plaintiffs were consolidated under this lawsuit filed under the Katrina Canal Breaches Consolidated Litigation (Robinson).

The plaintiffs claimed that the Corps was negligent in not maintaining the MRGO properly, causing erosion that widened the channel. As a result, during Hurricane Katrina, when Reach 2 Levee was confronted with too much water because of the increased size of the channel, it failed to protect the plaintiffs’ property from flood damage. 

Elements of a Tort

In this case, some plaintiffs were able to collect damages, and others were not. Some were able to prove that all of the elements of the tort were present, thus proving that damages were owed. 


Did the Army Corps of Engineers have a duty to protect property in St. Bernard Parish? The United States District Court in the Eastern District of Louisiana found that the Corps had a duty to mitigate the damages done to the plaintiffs’ properties. 

The Federal government owns the MRGO. In Louisiana, a landowner must correct any unreasonable dangerous condition that might inflict harm or warn others of its existence. The Corps was responsible for not being negligent in protecting the Reach 2 Levee system from destruction. Property owners are responsible for maintaining their property to reduce the chances of injury or property damage to others. However, the court found that the Corps did not have a duty to construct a surge protection barrier.


Did the Corps breach its duty by not preventing property from damage? The court found that they did breach their duty by leaving the levee system exposed to dangerous conditions that could cause its destruction during a hurricane while knowing that if the levee failed, this could cause catastrophic damages.


Was the damaged property a cause of the Corps’ actions or inactions? The court said yes, the Corps failed to maintain and operate the MRGO properly. This negligence caused the Reach 2 levee to fail, flooding the low-lying land in St. Bernard Parish. 

The court was convinced of causation because the Corp did not install foreshore protection to keep the channel’s size from increasing, which resulted in the erosion of the land around it. The land around the originally designed canal would have protected the Reach 2 Levee from a front-side wave attack and diminished the height of the waves.


Was the plaintiffs’ property actually damaged due to the Corps’ negligence? The court awarded damages as follows:

  • To Lucille and Anthony Franz, $100,000 for lost contents
  • To Tanya Smith, a total of $317,000 for damage to a home, rebuilding other structures, lost contents, additional living expenses, and inconvenience
  • To Kent Lattimore, a total of $134,665 for damage to a home, lost contents, additional living expenses, and inconvenience
  • To Lattimore and Associates, a total of $168,033 for damage to a building and lost contents.

Norman and Monica were awarded no damages since they argued that if the Corps had built a surge protection barrier, they would not have suffered damages to their property. The court had decided that installing such a barrier was not in the Corps’ scope of duty.

Types of Civil Suits 

Recognizing how damages were inflicted will help develop a legal strategy for the dispute. In addition, knowing the difference between whether a person purposely or negligently inflicted damages will significantly impact the case. 

Intentional Torts

These types of torts are when the damage is inflicted intentionally or with purpose. For example, if a person unleashes a dog, points at a person, and says to the dog, “sic ’em,” and the dog attacks, this is an intentional dog bite tort case.

Negligent Torts

These civil suits happen when a person does not intend to cause damage or harm but doesn’t act with proper care. For example, if a person leaves the gate to their property open and the dog escapes and bites someone, this would be an example of a dog bite tort case resulting from negligence. Likewise, the Katrina Canal Breaches Consolidated Litigation case was a negligent tort case against the Army Corps of Engineers and the United States.

How to File a Civil Suit in Louisiana 

Once a case can be made based on the four elements of duty, breach, causation, and damages, a civil suit can be filed in small claims court or the district court for a judge hearing if damages fall below $50,000. Most small claims limitations on damages are $5,000 or below. In the district court, a jury hearing for damages amounting to $50,000 and above will be required.

Alternative Dispute Resolution Strategies

Filing a civil suit in Louisiana can be expensive and time-consuming. However, Louisiana has the means to settle disputes outside the courtroom with alternative dispute resolution strategies. For example, civil cases can be resolved through negotiations, mediation, and arbitrations.  

Prove the Elements of a Tort Case and Collect Damages

Tort and Civil Law

It’s important to know that all four elements of a tort must be proven to collect damages. For example, most of the plaintiffs in the Katrina Canal Breaches Litigation case were able to collect damages because they could prove that the Army Corps of Engineers, employed by the United States, had a duty to protect the residents in the area of the Reach 2 Levee system. 

They breached this duty by neglecting the need for maintenance and upkeep on the MRGO, creating a dangerous and devastating situation for the residents during Hurricane Katrina. The cause of the damage was proven to be excess water and waves that resulted from the lack of maintenance on the MRGO, which caused the destruction of the Reach 2 Levee system and the protection it was supposed to provide. And lastly, damages were proven and collected by the plaintiffs.

If you’re dealing with a civil suit, contact Stephenson, Chávarri & Dawson, LLC at 504-523-6496 or fill out our online contact form to request an initial consultation.

There is a lot of buzz right now about CBD, THC, and the Deltas. Everywhere from slick dispensaries to corner convenience stores are offering a wide selection of products. While the compounds Delta 8 and Delta 9 are similar, there are major differences.

What are Delta 8 and Delta 9?

Delta 8 and 9 are cannabinoids. They are two of the compounds that give marijuana users a high. However, each cannabinoid affects the human body differently.

How Does Delta 8 Affect the Body? 

Delta 8 binds with the Cannabinoid receptors C1 and C2. Here are some of the benefits that can be expected when consuming Delta 8:

  • Relief from pain
  • Better Sleep
  • Euphoria and general relaxation
  • Relaxing of the nervous system
  • Stimulation of Appetite
  • Combats over-stimulation 
  • Anti-Inflammatory effects

Generally, Delta 8 is considered a milder compound. Since THC is still present, psychoactivity can occur. 

How Does Delta 9 Affect the Body?

Delta 9 binds with the C1 Cannabinoid receptor. It creates the typical high most people are familiar with in movies and television. Delta 9 effects include:

  • Euphoria and general relaxation
  • Feelings of happiness or exhilaration
  • Reduced pain
  • Reduces anxiety, including social anxiety
  • Increase sex drive
  • Improved imagination

Delta 9 is also helpful in treating the side effects of many major diseases. Cancer patients are often riddled with pain and nausea. Delta 9 can help the appetite and reduce pain. The compound can also alleviate the symptoms associated with epilepsy and multiple sclerosis.

How are Delta 8 and Delta 9 Used?

The delivery system options for Delta 8 and Delta 9 are inhaling or ingesting. THC can be inhaled through smoking or vaping. It can be ingested by eating or drinking. Gummies, chocolates, candies, vape cartridges, teas, and other drinks are popular ways of consuming Delta 8 and Delta 9.

The method of delivery influences a user’s experience.

Inhaling Through Smoking or Vaping

The THC is delivered directly into the lungs and passed to the bloodstream and from there to the brain. It is a very rapid method of delivery. Within minutes the user may begin to feel the effects of the THC.

The experience will typically peak within half an hour. Usually, the whole experience lasts around 6 hours. However, some effects can linger up to a day later. 

Ingesting Edibles

It can take much longer to feel the effects of THC when ingested. Sometimes, the effects can be delayed for a few hours. An edible high typically peaks 4 hours after ingestion. However, the high may last 12 to 24 hours.

What about CBD?

If one gets too high from THC, often a dab of CBD can level out that feeling. The cannabinoid system is in the brain and throughout the body. And a combination of compounds is not only safe, but it is often recommended. 

Can a Person Overdose on Delta 8 or Delta 9?

While figuring out the optimum dose, it is possible to feel some negative effects when overindulging.  

For example, too much Delta 9 or Delta 8 can cause:

  • Anxiety: While the right dose may mellow out an anxious person, the wrong dose can magnify those feelings.
  • Lightheadedness: Feeling lightheaded can happen because Delta 8 can reduce blood pressure. Stand up slowly and if low blood pressure is an issue for you, you may want to avoid Delta 8.
  • Nausea and vomiting: THC is known to help with nausea. However, too much can have the reverse effect.
  • Hallucinations: Hallucinations are not uncommon. The part of the brain where perception takes place is being manipulated and this can result in strange fantasies or nightmares.
  • Sleepiness and lethargy: Too much THC can result in extreme fatigue. Unless being used as a sleep aid, lethargy is a sign that the dose needs to be smaller.
  • Impaired reaction time and motor skills. As with any mind-altering substance, it is best to avoid operating vehicles and heavy machinery. People suffering from motor skill impairment before dosing should be especially cautious.  
  • Tremors and trembling. Uncontrollable shaking can also happen. The parts of the brain where movement is regulated can be temporarily affected.

The above symptoms wear off in time, depending on the amount and type of consumption. Side effects from edible THC tend to take longer to dissipate.

Is Delta 8 THC and Delta 9 THC Legal?

Delta 8 Law

In 2018, the Agriculture Improvement Act, i.e., the farm bill, removed some cannabis and hemp products from the list of controlled substances. Prior to the bill, anything made from cannabis or hemp was classified as a Schedule 1 Controlled Substance.

Marijuana is still considered an illegal drug under federal law. However, the farm bill effectively changed the way hemp and cannabis products are regulated. Now, hemp and hemp seeds can be used.

The farm bill may have accidentally legalized Delta 8 THC and Delta 9 THC. Hemp plants with more than .3% THC are still illegal. Delta 8 and Delta 9 use less than .3% THC.

While Delta 8 and Delta 9 are federally legal, it may be illegal according to state law. The farm bill passed in 2018. However, Louisiana did not legalize Delta 9 substances until 2019 with the House Bill 491. In addition, this past June legalized the consumption of gummies, teas, oils, and other hemp derived products. The HB 758 recently allowed consumable hemp products as long as the serving size had 1% THC or less.

For Delta 8 and Delta 9, It Depends on User Preference

Delta 8 and Delta 9 are very chemically close. Even the desired effects have some overlap. Delta 8-THC is known for a body high to ease aches and pains. It is also touted for helping those with a condition or severe illness. Delta 9-THC creates a heady high with a sense of euphoria.

Both compound strains can create multiple benefits. Currently, the Federal Drug Administration (FDA) is not regulating Delta 8. While there are many possible benefits, it is important to use caution and stay informed.

Living in Louisiana means a warm or temperate climate for most of the year. Louisianans find numerous ways to deal with the heat during summer, including the use of swimming pools. Although swimming pools are a great way to cool off, they also can be incredibly dangerous if not taken care of properly. Without suitable safety precautions, pool owners may attract unwanted guests and be liable for certain accidents on their property.

Swimming Pools by the Numbers

Property owners with swimming pools should understand the basic facts behind swimming pool ownership. According to data collected by the U.S. Centers for Disease Control,

  • Swimming is the most popular activity for children between the ages of 7-17 in the United States.
  • 12.1% of all pool inspections conducted in 2008 resulted in pool closure due to safety or public health hazards.
  • Swimming pools accounted for approximately 60% of fatal deaths for children between the ages of 0-4.

Premises Liability for Residential Property Owners

Before discussing the theory of attractive nuisance, we must first address the concept of premises liability for Louisiana property owners. Premises liability is a concept found under the umbrella of tort (personal injury) law. Personal injury law allows parties to an accident to determine fault for the accident and assign monetary damages to the injured party. In most cases, premises liability cases hinge on whether a property owner acted negligently in their duty to protect visitors from a dangerous condition.

Premises liability states that a property owner is liable for personal injuries on the owner’s property. Because owners retain a robust degree of rights in their property, the law asserts that the right to private property also creates a responsibility to protect visitors. Types of premises liability can include anything from a grocery store patron slipping and falling on a wet floor near the produce section, a general contractor falling into a pit while working on someone’s property, or a hunter stepping on a makeshift trap while tracking an animal. The hypothetical scenarios are endless.

Under the theory of premises liability, an injured party must prove the following:

  1. The property’s condition was dangerous during the injured party’s visit to the property.
  2. The property owner knew of the dangerous or should have known the dangerous condition at the time of the injury.
  3. Exposure to the dangerous condition caused the injured party’s injury.
  4. The injured party suffered an injury causing monetary damages.

Attractive Nuisance

The theory of attractive nuisance is a subcategory of premises liability. Under a common law claim of attractive nuisance, a plaintiff (the injured party making a claim) argues that the defendant (the property owner being sued) failed to protect potential trespassers from entering the property and being injured.

Attractive nuisance often occurs when children trespass on a property with an exciting or engaging condition, like a pool or trampoline, that is attractive to the trespasser. To prove an attractive nuisance case, the plaintiff must show:

  1. The property contained a hazardous condition that could have caused an injury upon exposure to the condition.
  2. The condition was reasonably attractive to trespassers, specifically children.
  3. At the time of the injury, the child could not assess the severity of the danger of the condition.
  4. The dangerous condition was located in an area of the property accessible to trespassers.
  5. The property owner could have reasonably prevented the trespasser from entering the area in a dangerous condition.

Attractive Nuisance: Swimming Pools

Swimming pools pose one of the most common and dangerous forms of an attractive nuisance across the United States, including Louisiana. Property owners should not be fearful of installing a residential swimming pool for fear of harming neighborhood children. However, property owners should be aware of the risks associated with pool installation and how to protect themselves from liability.

Why are Swimming Pools an Attractive Nuisance?

Swimming pools are an attractive nuisance because they are generally considered an enjoyable form of recreation. Imagine jumping into a bright blue swimming pool on a 95-degree day, which sounds pretty exciting to many. Because most residential swimming pools are not designed for athletic training or aquatic rehabilitation, a reasonable child would associate the swimming pool as a recreational activity without being mindful of the risks or personal boundaries associated with trespassing illegally onto a property.

Are Residential Swimming Pool Owners Liable if a Trespassing Child is Harmed?

In many circumstances, yes. Although property owners enjoy vast rights and protections, the law also requires them to exercise reasonable care when maintaining their property. Virtually all property owners experience some form of trespass, in one sense or another, throughout their time as the principal property owner. Some trespassers will be liable for their injuries based on the circumstances of their intrusion onto private property and how they are injured. However, the law views young children differently. Because children cannot think critically and reason the way adults can, the law provides them additional protections. Specifically, property owners with attractive features on their property, like swimming pools, are burdened with a reasonable duty of care to prevent children from trespassing—creating liability for misuse of the feature.

How can Property Owners Safeguard Their Swimming Pools?

Property owners with residential swimming pools should not overreact and demolish their existing pools for fear of any potential legal or financial liability. Instead, swimming pool owners should be aware of potential harm by being mindful of the surrounding neighbors and the layout of their property.

Owners with fewer neighbors or expansive properties may not have to take as many steps to avoid creating an attractive nuisance. However, pool owners in densely packed communities with street-accessible pools should consider installing additional measures to avoid attracting trespassers, especially children.  Property owners should take the following steps to avoid accidents:

  • Install fencing around the perimeter of the pool.
  • Lock all exterior gates and doors providing access to the pool.
  • Cover the pool during prolonged periods where it is not in use.
  • Maintain adequate life protection around the pool, including throw ropes, life vests, and safety floats.
  • Install motion sensors and floodlights around the pool to deter trespassers.
  • Secure all pool toys away from potential trespassers.
  • Install warning signs around the pool’s perimeter.
  • Speak with your insurance adjustor about purchasing water-related liability insurance.

In today’s digital world, estate planning has evolved into incorporating cryptocurrency investments and how they will be passed onto loved ones in the future. 

In fact, 1 in 10 people are investing in crypto assets (Bitcoin, Ripple, or Ethereum), according to CNBC. But are these cryptocurrency investors thinking ahead to protect their estate planning? More stats may prove otherwise, as 2 out of 3 adults do not even have a will in place, which is even more challenging when the crypto asset investor passes away. 

We will explore all of the ways to protect any cryptocurrency assets when it comes to estate and family planning.

What is Bitcoin and how Does it Work?

Bitcoin, one of the most popular cryptocurrencies, has attracted millions of investors to these digital assets, with many finding financial gain. 

Anchoring the Bitcoin is its technology, the blockchain, a sort of shared public ledger spreadsheet that is duplicated thousands of times across a network of computers. 

Blockchains have the potential to be the future of how we all perform contracts, record deeds, keep medical records, and pay for goods and services. It represents a secure, cost-efficient way to complete transactions, with each entry in the ledger cryptographically verified and signed to prevent fraud. 

To further break down Bitcoin’s security measures, it is stored in a digital wallet and locked and secured by a 64-digit private key and assigned a public Bitcoin address, like an email address, which is used as a destination to transfer or send Bitcoin. 

Benefits of Using a Trust to Protect Cryptocurrencies

Cryptocurrency assets open the door to a whole new digital world in investments. And, when it comes to estate planning laws, because of its extreme security, locked and sealed in a digital wallet, investors need to take the extra step to leave instructions and legal authorizations to access it before they pass away. 

One of the ways to protect these hard-earned cryptocurrencies is to transfer them into a trust for beneficiaries. Here are a few advantages of using a trust for digital assets like this in more detail:

Probate is Avoided

No matter the type of asset an individual has, it is beneficial to place it in a trust to avoid probate. This is because, when someone passes away, their estate passes through probate court, a process that could take several years for loved ones left behind to retrieve the assets and cost them up to 7 percent of the estate – just in court fees.

It is also critical to transfer cryptocurrency assets to a trust, so the value is not affected by the ups and downs of the market. Appointed trustees should be left with detailed instructions on how to access the cryptocurrency digital wallet to be properly distributed or liquidated to beneficiaries without delay. 

Crypto Assets are Easier to Find

Because people tend to casually invest in cryptocurrency, they may never mention it to their loved ones. The danger in that is that there could be valuable assets sitting out in the digital world after they pass away that are nearly impossible for loved ones to access because of those brilliant walls of security. 

If cryptocurrencies are placed in a trust, family members will find clear documentation; even a separate document can be created, if preferred, for more privacy that details the instructions to access and info on the crypto assets themselves for a trustee to pass along to beneficiaries.

They Remain Private

Placing crypto assets in a trust also gives the owner privacy, versus the estate’s information being released as part of public record during probate court. This security is beneficial between the investor and his or her loved ones because:

  • Larger estates may draw interest from the public eye.
  • Hackers could uncover the crypto assets, leaving loved ones without the inheritance.
  • Loved ones left behind may not be familiar with keeping the crypto assets secure and away from being targeted, which can more easily expose them to hackers’ possible ploys.

There is More Control

Transferring any crypto assets into a trust gives the investor more overall control over what happens to them post-mortem. These beneficial control options include:

  • Which assets the crypto asset investor would like to distribute to whom, when, and how much.
  • Any special stipulations instructed to the beneficiaries, such as distribution only after the children have graduated from college, started their first job, or achieved any other future requirement.
  • Any special stipulations that connect to cryptocurrency, like requiring the trustee to supervise the asset and only sell when it has the best value in the current market, not prematurely. 

Risks of Estate Planning and Cryptocurrencies Without a Trust

Because of many the unknowns in cryptocurrency estate planning, there are several risks and challenges if these crypto assets are not protected by a trust, including:

  • There is no personal identification (name, Social security number, certificate of title) connected to the Bitcoin cryptocurrency, so family members may not be able to discover that the descendent even had any of these digital assets.
  • The crypto assets may also be overlooked because they can be virtually stored on a USB, a phone, a hard drive, or any source that stores data. 
  • Although a Bitcoin wallet has a public address, any Bitcoin transactions require the owner’s private key before funds can be extracted.
  • Because of the Bitcoin wallet, there is no Revocable Living Trust estate plan that allows the owner to transfer crypto assets into a trust after their passing.

Protect Cryptocurrencies with a Legally Protected Estate Plan

Forward-thinking investors need to pass their cryptocurrencies on to their heirs successfully with a proper estate plan guided by an expert attorney experienced in estate planning to ensure their digital wallet is protected. This could range from a detailed letter placed in a safety deposit box, to a trust, to a will, or more legal options. We are here to work through an estate plan that is best for our clients, just like we have for decades. 

Getting injured on the job is one level of pain. Getting the compensation that is deserved from an employer for that injury can also be a challenge for someone’s financial pain threshold. 

According to the 2020 Annual Report from the Louisiana Workforce Commission, in 2020, the Hearings Section of the Office of Workers’ Compensation Administration received 3,119 disputed claims for compensation, which is a decrease from the year before. Add onto that, as of April 17, 2022, the Department of Labor reports that 708 workers’ compensation claim applications were filed in Louisiana, with only 255 claims paid.

Why the decrease in claims, and why are workers’ compensation claims frequently denied in Louisiana? We will dig further under the surface to discover the common reasons why people with legitimate claims receive denial letters – and how these injured employees should instead be protected and paid for their accident-related medical bills and expenses.

What Does Louisiana Workers’ Compensation Cover?

There is Louisiana workers’ compensation legislation and guidelines in place that dictate reasonable and necessary medical treatment for employees injured on the job, as well as a medical fee schedule that outlines the costs. In general, with the exception of emergency care, the insurance company is required to approve in advance any medical treatment totaling over $750.

Work-related medical bills can include:

  • Doctors’ visits for medical treatments
  • Hospital stays and care
  • X-rays and MRIs
  • Surgeries and special surgical treatments
  • Medical supplies
  • Prescription drugs
  • Bloodwork, medical, and lab tests
  • Physical therapy or medical rehabilitation
  • Prosthetic devices
  • Travel costs to get medical supplies and services
  • Any legally bound, non-medical treatment related to the work injury

Typical Reasons Workers’ Compensation Insurance Companies Deny Claims in Louisiana

There are many reasons that are usually tied to an employer’s workers’ compensation insurance denying employee claims, with the main overarching theme relating to the insurance companies delaying and complicating cases and claims as much as possible. 

Here is a handful of those:

  1. The employee or employer did not report the injury within the proper time limit. First of all, if the employee fails to file an injury report within 30 days after the injury, denial of benefits is more commonplace because it may seem like the injury must not have been severe enough. The same can be said if the employee does not seek medical attention immediately after the accident. Second, if the employer does not let the insurer know or file a First Report of Injury or Illness within 10 days, this could also increase the chances of claim denial or delayed payment. 
  2. The employee had a pre-existing injury or condition. Sometimes the workers’ compensation insurance company can claim that the employee’s reported injury is actually pre-existing, like ongoing back problems, and not caused by the workplace injury, resulting in complete denial of the claim. In Louisiana, medical care and workers’ compensation must be provided for on-the-job injuries that are proven not to be connected to any pre-existing condition. 
  3. The employee tested positive for illegal drugs shortly after the work-related accident. Right after an employee comes into a hospital or doctor’s office with a work-related injury, a drug screen is performed by medical staff. If the test is positive, workers’ compensation will most likely be denied. There are ways, however, that an experienced workers’ compensation attorney can fight the presumption of this failed drug test.
  4. The employee’s injury did not happen on the job. Employers and their insurance companies will often contend that the employee’s injury did not technically happen while working their shift or within the workplace environment. But evidence, such as video footage, time logs, eyewitnesses, a doctor’s testimony, medical records, or more, can prove otherwise. 
  5. The employee can safely return to work. Insurance companies will frequently dispute that the injured employee can safely return to work and medical care is no longer needed. It is a situation that is more common when the employee uses the insurance company’s doctor instead of their own physician. False claims made by the insurance company may include that the employee’s medical condition does not fall under Louisiana’s Medical Treatment Guidelines, that the employee refused to sign personally invasive medical authorization, or that medical treatment overall is not necessary. 

All of these reasons for why workers’ compensation is denied will need to be fought through the Utilization Review process, which is best guided by an attorney who is an expert in this facet of law practice.

What is the Utilization Review Process of Louisiana?

In essence, the complicated Utilization Review process was designed by workers’ compensation insurance companies to discourage injured employees from receiving full, more expensive medical treatments (or completely denying certain claims) with the goals that:

  • Injured employees will give up on the claim and treatment they need and deserve.
  • If the claim is denied, the attorney on the case, the medical providers, and the injured employee will not challenge it. 
  • If the claim is approved, it is for less expensive, less extensive medical treatment that the employee deserves. 

How Can an Injured Employee Dispute the Denial of Workers’ Compensation?

If an injured employee’s workers’ compensation benefits are denied or delayed, the employee may file Form WC 1008, Disputed Claim for Compensation, with the state’s Office of Workers’ Compensation.

This opens the door to payment of penalties (no more than $8,000, per Louisiana law) and attorney’s fees made to the employee in addition to the regular workers’ compensation benefits. 

When to Hire a Workers’ Compensation Attorney in Louisiana

In short, many injured employees wait too long to hire a workers’ compensation attorney to fight for their case and much-deserved benefits. By that time, the employee’s rights have been depleted, and the value of their claim, sadly reduced. 

Do not wait to get the support and protection you deserve right away by contacting the law firm of Stephenson, Chavarri & Dawson, LLC, a team that is renowned throughout Louisiana for going the extra mile to fight for the benefits their clients deserve for their injuries on the job. 

With summer right around the corner, many families are likely starting to think about or plan their vacation. Families struggling amid a divorce or currently engaged in a shared custody agreement may also want to consider planning a vacation. However, making vacation plans without first understanding the implications of a shared custody agreement could put a parent in hot water with their separated spouse. Understanding how vacations work under a shared custody agreement could help many families enjoy their vacation plan without too many headaches.  

Interfering with a Shared Custody Agreement

Being accused of interfering with a shared custody agreement can have incredibly disastrous implications on a parent’s legal wellbeing. Louisiana has very clear laws regarding interference or unauthorized deviation from a shared custody agreement.

Under Title 14, Section 45.1 of the Louisiana Revised Statutes, penalties of interfering with a shared custody agreement can include a $500 fine, six months imprisonment, and the cost of returning the child to the court’s jurisdiction. This can also hurt a parent’s credibility for shared custody in future legal proceedings.

Parents looking to alter a shared custody agreement arrangement should always communicate with their co-parent, confer with their attorney, and consider their child’s best interests. Even planning an extended vacation without the permission of a co-parent can have a wide range of legal and custodial implications for a parent.

Look to the Custody Agreement for Guidance

Many modern custody agreements have various provisions covering all sorts of areas pertaining to a child’s care, including schedules for holidays and vacations. Typically, these clauses are called standard possession orders (SPO) or parenting plans.

An SPO may include an outline for procedures a parent must undergo to take their child out-of-state or request a more extended period than the child’s weekly schedule. For example, procedures can include the amount of time needed to notify a parent to seek preapproval for an extended vacation or notice for a change in the child’s schedule. Thus, parents should always consult the provisions of their custody agreement before making any decisions.

Shared Custody Tips When Planning a Vacation

Everyone loves a good vacation, and who doesn’t want to spend as much time relaxing on a beach or exploring a new city? However, even if a parent has the time and resources to go on an extended vacation with their child, it may not always be the best decision.

Coparents who have only recently entered into a shared custody agreement may want to avoid disrupting a custody agreement as both parents likely need time to adjust to the new schedule. If this is the case, a parent may want to plan a vacation during their scheduled visitation to avoid significant disruptions—at least at the beginning of a shared custody agreement.

Communication is Key

Custody issues can have significant implications on a family. Some families can amicably come to solutions to many problems and live with the result—others are not so fortunate. Regardless of the situation, families also need time for rest and relaxation, which means making compromises to enjoy life’s simple pleasures.

When determining how a parent can plan an extended vacation for them and their child, the best way to make those plans is to communicate with the other parent. Communication can not only with planning a vacation but can also play a key role in gaining permission from the other parent to approve an extended stay.

Parents seeking approval from a co-parent regarding an extended vacation should consider the following:

  • Location of the vacation.
  • Length of stay.
  • Others are traveling with the child.
  • The vacation’s effect on a predetermined visitation schedule.  
  • Procedures during emergency situations.
  • Considerations for that particular child’s unique needs.

Existing Visitation Considerations

Determining a visitation schedule can be like a tug-of-war for many parents. After a seemingly never-ending divorce involving arguments over custody, the last thing a parent wants to do is disrupt their visitation schedule.

Nonetheless, depending on the visitation schedule, a 10-day trip to the Bahamas or a weekend at Disney World can disrupt shared custody of a child. In most cases, parents will have to communicate their desire to deviate from an existing schedule and compromise with the co-parent. This could mean giving up a few extra days later in the month after a vacation or providing the co-parent other holidays throughout the year.

There is no “right” way to devise an alternate visitation schedule when a parent decides to take a child on an extended vacation. However, parents will have to be willing to compromise to develop a solution.

Documenting Changes to a Custody Agreement

Coparents on good terms can usually communicate their wishes and devise a solution to any shared custody agreement. However, even if a shared custody agreement does not require substantial notice of changes to the agreement or modifications in writing, doing so is always a good idea.

Recording changes to a shared custody agreement, even if those changes are only temporary, can prevent miscommunication or future legal disputes. Furthermore, parents looking to travel with children subject to these agreements should provide details of the trip like travel itineraries, copies of visas (if traveling internationally), procedures for emergency situations, and any other relevant documentation to keep the co-parent informed of the child’s care during any out-of-state or international travel.

Getting Lawyers Involved

Unfortunately, some divorces leave co-parents in a never-ending state of hostility with each other, especially regarding the best interest of their child. This can cause various issues to devolve into arguments over incredibly mundane issues involving shared custody. Even minor deviations to a custody agreement can cause a massive issue for some parents–let alone planning an extended vacation. 

If this is the case, then co-parents will likely have to contact their lawyer for assistance. Furthermore, courts generally prefer parents to devise solutions involving joint custody but understand when co-parents cannot reconcile differences. Thus, engaging an attorney to review proposals for extended vacations, communicate with the co-parent’s attorney, and even file motions in family court may be a parent’s best and only option.

No one likes the idea of being out of work for an extended period of time. After all, it creates an air of financial insecurity for our families and may leave us more prone to feelings of isolation. Most working adults spend about a third of their day with coworkers and we miss those interactions when we are home recovering from an on-the-job injury.  However, working through an injury could be costly both physically and legally.

Workers rights to collect workers’ compensation

Nearly every Louisiana worker is covered by workers’ compensation. This is a requirement unless the employer opts for self-insurance. These rules are put in place to help protect workers in the event they are injured while on the job. Workers’ compensation benefits help provide income and medical bill payment while a worker is recovering from their injury.

Returning to work before being ready to return or working through an injury not only jeopardizes the rights of a worker to collect benefits, but it may also put them in danger of more serious injury. Some examples include:

  • Back injuriesback injuries must be taken seriously. When a worker independently decides their injury is not serious enough to seek medical care, they could be exacerbating an injury which could mean a lengthier recovery period, or more complex treatment than if they had sought care immediately.
  • Repetitive injuries — ignoring pain in the wrist, hand, or elbow brought on by repetitive work tasks can be problematic. Those who suffer these types of injuries often believe ignoring them until the pain goes away is beneficial. However, when this pain is ignored and remains untreated, the potential of additional harm and loss of movement will have a negative impact on a worker’s ability to complete their job.
  • Muscle pull injuries — many of us pull muscles because we have strained to do a task on the job. We often believe that working through the discomfort associated with this type of injury is our best option. However, if the muscle has been torn, the potential associated with working through these injuries can be devastating to a worker’s long-term health. In some cases, a muscle pull left untreated can also lead to organ damage.

When someone ignores an injury because they are concerned about being out of work, they are potentially putting their health at additional risk. After someone has suffered an on-the-job injury, they should seek medical care, follow doctor’s orders, and remain off the job until they are medically cleared to return to work.

Legal risks of working through an on-the-job injury

Many workers fear they could lose their job if they report an injury. Workers cannot face repercussions from reporting an injury they received while they were doing their job. Continuing to work despite an injury can have an adverse impact on a worker who fails to report the accident. Some of these include:

  • Secondary injury — if a worker suffers an injury while working and fails to report it, they may suffer an additional injury which occurs while not at work. This can mean they are unable to work, and they may face a workers’ compensation denial. Reporting an injury and seeking immediate care can help prevent this type of denial.
  • Time off increases — workers who ignore an injury and continue to work through an injury may find they have to take additional time off work to deal with the pain. This could mean they are taking more sick days or using personal days, which could put their job in jeopardy. Remember, a worker who is injured cannot be fired from their job. Taking more time off than usual, however, can result in job loss.
  • Loss of benefits — failure to report a workplace injury can mean the worker loses the right to collect workers’ compensation benefits. Among the rights and responsibilities a worker has when injured is reporting the injury in a timely manner. Workers have 30 days following an injury to file an injury report. Failure to do so may result in a forfeiture of benefits.

Future health issues, the inability to apply for injured workers’ benefits, and the potential for job loss are all reasons why it is never advisable to work through an injury sustained while on the job.

When filing a claim for an injury suffered on the job

When a worker is concerned they may be unable to prove their injury occurred on the job, they should seek legal advice. Most employees are unaware of their legal rights if they do suffer an injury while at work. Asking for guidance or assistance filing workers’ compensation claims has some benefits. Workers’ compensation attorneys can help when some of the following situations make the claims process challenging for a worker:

  • Not a legal resident — regardless of immigration status, a worker has the right to workers’ compensation benefits if they suffer an on-the-job injury.
  • Employer physician insists worker is not seriously injured — employees have the right to seek a second opinion when they believe their injury is being ignored by a company-approved physician.
  • Chronic conditions — when an employee has an injury or illness such as lung infections, carpal tunnel syndrome, or other job-related issues which cause chronic health issues their employer may deny their work is the cause of the condition. An attorney is able to work with the victim to establish causation and help them obtain benefits.

No worker should ever be forced to suffer a loss of income because their employer’s insurer denied their claim. An experienced workers’ compensation attorney typically accepts clients without any up-front fees and can help make sure their claims are taken seriously. They can also help a worker get the benefits they are entitled to under Louisiana law.

Stephenson, Chávarri & Dawson, LLC: Can help injured workers

When someone is injured on the job, they may feel they have no option but to work through their injury. This is not the case. Regardless of the type of injury suffered, a workers’ compensation attorney at Stephenson, Chávarri & Dawson, LLC can help ensure a worker gets access to the benefits they are entitled to. Contact our offices at 504-523-6496 and schedule a free consultation today.

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