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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?

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 injuries — back 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.

Throughout the country, views on marijuana have continued to change. Cannabis has been hailed for its medical benefits for the last 5,000 years. In the early 1900s, marijuana could be found in many household medicines. 

However, by the 1930s, nearly every state had passed laws restricting or prohibiting the use of cannabis. The Federal Bureau of Narcotics even campaigned for its criminalization. Over the next few decades, marijuana was systematically demonized, eventually being scheduled as a Schedule I drug with the Controlled Substances Act in 1970.

The anti-drug movement stayed strong through the 1980s and 1990s. With the “Just Say No” campaign, the D.A.R.E program, and many advertisements aimed at the “gateway” drug, public opinion remained firmly against marijuana. 

After millions of dollars spent and millions of arrests later, marijuana may finally be given its medical credit back. 

What is Louisiana’s New Medical Marijuana Law?

At the first of the year, Louisiana welcomed a new medical marijuana law. Proposed by Houma Rep. Tanner Magee, ACT 424/HB 391 was signed into law by Governor John Bel Edwards in June of 2020. The new bill expands marijuana use by:

• Allowing raw, smokable marijuana available by prescription at medical dispensaries

Before the new law, medical marijuana use had been limited to topical applications, inhalers, edible gummies, and liquids. The forms are widely known for their expense. According to a W.A.F.B. article, patients and family members have attested to “spending more than a house note.” 

The smokeable form, or marijuana flower, is expected to be more cost-friendly to patients combatting pain and other ailments. 

Currently, marijuana is only permitted to be grown by two agricultural centers at Southern University and Louisiana State University. While there is a push to allow more growers, the change has not garnered enough support. 

How Has Public Opinion Towards Marijuana Use Changed in Recent Years?

The new law in Louisiana reflects how the views of marijuana have changed rapidly over the last two decades. Public opinion has shifted from the “Just Say No” days in the 1980s to the overwhelming majority of Americans supporting the complete legalization of marijuana.

According to a new survey by the Pew Research Center:

• 91% of U.S. adults believe marijuana should be legal 
• 60% think cannabis should be allowed for medical and recreational use
• 31% support medical marijuana use only
• Fewer than 8% do not believe marijuana should be legalized in any capacity

Since 2015, the views and laws on marijuana have relaxed. Governor Bobby Jindal signed HB 149 into law, allowing a dispensary system for medical marijuana to be developed in Louisiana. The bill was strict, prohibiting smokable forms of the plant and limiting prescriptions to only a few medical conditions. 

In addition, the governor signed SB143, significantly reducing the penalties for marijuana possession. As public opinion has progressed, qualifying ailments for medical marijuana have expanded and penalties have eased. 

How Does Marijuana Use Benefit Patients?

Marijuana has a long history of treating medical conditions. Dating back 5,000 years, cannabis was used medicinally up until the 1930s. A recent study, Medicinal Cannabis: History, Pharmacology, And Implications for the Acute Care Setting, describes the change in attitude toward marijuana that may have resulted from the opioid epidemic. 

Despite being classified as a Schedule I drug, marijuana’s benefits have begun to outshine past fears. Medical marijuana can treat a wide variety of ailments, including:

• Pain
• Seizures
• Appetite loss
• Cancer
• Nausea
• Crohn’s disease
• Muscle spasms
• HIV/AIDS or Multiple Sclerosis (M.S.)
• Eating disorders such as anorexia
• Epilepsy
• Glaucoma
• Mental health conditions, including schizophrenia and posttraumatic stress disorder (P.T.S.D.)
• Alzheimer’s disease
• Wasting syndrome (cachexia)

While current research is limited, the medicinal benefits of marijuana date back thousands of years. Cannabis can treat by:

• Reducing anxiety
• Killing cancer cells or slowing the growth of tumors
• Controlling vomiting caused by cancer treatments
• Controlling nausea
• Reducing seizures
• Stimulate appetite
• Relieve pain and inflammation
• Help relax muscles, especially in people suffering from M.S.

For those suffering from any of the above medical conditions or symptoms, medical marijuana can help.

What Are Louisiana’s Possession Laws? 

Possession laws and penalties have been a source of contention across the country for decades. Many believe strict anti-drug policies are discriminatory, disproportionally affecting some races more than others. 

According to a recent article:

• There are more than 40,000 people serving time for marijuana offenses
• There are over 70 million Americans with criminal records for marijuana offenses

However, as of August 1, 2021, the possession of a small amount of marijuana was decriminalized. Governor John Bell Edwards signed HB 652 into law, effectively eliminating jail time for a first offense. Under HB 652:

• Possession of 14 grams of marijuana or less will receive a $100 fine for a first offense
  • 2nd offense will result in 6 months of jail time and a $1,000 fine
  • 3rd offense may result in 2 years imprisonment and a $2,500 fine
  • 4th offense will result in an 8-year sentence and a fine of $5,000
• Possession of more than 14 grams of marijuana can lead to 6 months in jail and a $500 fine
• Marijuana possession of 2.5-59 pounds is a felony and can result in 2-10 years in prison and a $30,000 fine

New Orleans has taken it a step further. City Council President Helena Moreno sponsored the new ordinance, which allows law enforcement to write a ticket for the possession of marijuana. 

In addition, a separate ordinance retroactively pardons any previous offenders if they were convicted of simple marijuana possession after 2010. It is estimated that 10,000 cases will be affected by the new rule.

What Will Louisiana Possession Charges Look Like in the Future?

Due to the racial disparities of marijuana possession charges, Louisiana is rectifying grievances by making marijuana possession less punitive. In the past, possession of cannabis could land offenders in prison for years. Now, medical marijuana is legal with expanded access for patients. 

Recreational marijuana is still illegal. However, most Louisiana officials believe full marijuana legalization is inevitable. If you or a loved one have been charged with possession of marijuana, the New Orleans drug crimes lawyers of Stephenson, Chávarri & Dawson, L.L.C. are here to defend your rights. 

 

Do you know what to do in the event of a workplace injury? If you have never been injured at work, chances are, you only have a vague understanding of what workers’ compensation is and what rights you have. And guess what? That’s just the way your employer wants it.

In theory, workers’ compensations laws are designed to protect the worker. In practice, employers and their insurance agents will work hard to reduce the value of your claim, which means, you may not get what you deserve. The good news is, this isn’t a battle you have to fight alone. The law allows injured workers to seek legal representation in the event of an accident. Here are the top 5 reasons why you need a workers’ compensation attorney:

1. An attorney can help you understand your rights and obligations

When you suffer an injury at work, the process should be simple. You go to your supervisor to report the incident, visit the doctor, and receive the necessary care. Yet for thousands of Americans, workers’ compensation claims are anything but easy. Far too many employees fail to report their injuries for fear of repercussions. Others lose eligibility because they do not make a claim in a timely manner. In Louisiana, workers have 30 days to report an injury to their employer. Further, your employer cannot retaliate against you for reporting an injury. An experienced attorney can help you navigate the process, so you can focus on your recovery.

2. Your attorney can help you find the right doctor

Chances are, when you report your injury, your employer will hand you a list of providers that are a part of their network. Many times, employees think these are the only doctors they are allowed to see. This is simply not true. In Louisiana, injured workers have the right to choose their own doctor. That said, you may need to seek approval from the insurance company if your care exceeds a certain monetary value.

Who you choose to see after a workplace injury is an important decision. Your diagnosis and treatment will have a significant impact on the value of your case. Unfortunately, the doctor your employer recommends may not give you the same level of treatment as a doctor that you choose, and may even downplay your final diagnosis. At Stephenson, Chávarri & Dawson, LLC, we’ll work with you to help you find care providers who are best suited for your case.

3. Workers compensation attorneys have experience negotiating with insurance companies

Your employer would like nothing more than for you to go to the doctor, get treatment, and come back to work. This is what is in the employer’s best interest, not yours. There are many variables that go into a workers’ compensation case. This includes:

• Medical treatment, including future medical costs
• Lost wages
• Lost earning capacity
• Loss of function
• Vocational retraining

At Stephenson, Chávarri & Dawson, LLC, our job is to help you get what you deserve. This means we’ll do an accurate accounting of what your lost wages are (including benefits), review all medical care, and fight for compensation that is commensurate with your doctor’s diagnosis and your final disability rating.

4. With an attorney, you don’t go back to work until you’re ready

When you take time off of work to recover from an injury, it’s natural to worry about getting back to work. Many workers wonder how they will survive without any wages coming in or if their employer can fire them if they take too much time off of work. It’s important to understand, your employer cannot fire you because of a workplace injury. Additionally, if you have an active workers’ compensation claim, you are likely eligible for lost wages payments while you are out of work.

The only time you should return to work is when you have a release from your doctor. Returning to work too soon can impede your recovery and may actually affect your claim if you aggravate your injury before you obtain a doctor’s release. If you cannot return to work, your attorney can help you determine whether you can return to a different position or if you’re eligible for vocational training.

5. An attorney can help, even if your workers’ compensation claim has been denied

There are many reasons your employer may deny your claim. This includes:

• You did not report your injury in a timely manner;
• The employer believes the injury was intentional;
• The employer suspects fraud;
• The employer suspects drug or alcohol use;
• You have a pre-existing condition;
• You have terminated your employment since the time of your injury.

If you have received a denial for your workers’ compensation case, that doesn’t mean it’s the end of your case. In some situations, you may be eligible to file an appeal through the workers’ compensation administration. Appeals are complex and typically have strict deadlines. Once you get to this stage, it is very important to talk to an experienced workers’ compensation attorney right away. An attorney can review whether you have grounds for an appeal and help you present your case.

Stephenson, Chávarri & Dawson, LLC: Let us work for you

After a workplace injury, it’s natural to have questions. Your job is your livelihood, and it can be scary to feel like you have no control over what comes next. At Stephenson, Chávarri & Dawson, LLC, our job is to provide answers and help you fight for the compensation you deserve. Whether you have an active case or have been denied by your employer, an experienced workers’ compensation attorney can be a valuable asset to your case. To learn more about your rights or to speak to one of our experienced attorneys, contact Stephenson, Chávarri & Dawson, LLC at 504-523-6496 or fill out our online contact form to request an initial consultation.

 

The divorce rate in the U.S. currently hovers between 40% and 60% of all marriages – and the majority of those marriages produced children. If you and a spouse are contemplating or going through a divorce and have children, you need to make helping your children cope with the situation a priority.

Children can suffer multiple effects from a divorce. Young children may fear that no one will take care of them or not understand what is occurring at all. Children in school may act out inappropriately, suffer academically, or change their behavior in negative ways, becoming withdrawn, angry or sad.

All children may blame themselves for a divorce, have strong feelings about the breakup of their family, worry about the future, or blame their parents.

Your behavior and that of your spouse, however, can greatly lessen negative effects on your children. You need to make sure that your children understand what is occurring. Most importantly, you need to stress that their well-being and security is a top priority for both you and your spouse.

Here are the top 5 tips for helping children cope with divorce.

1. Communicate the situation clearly

Don’t leave it up to the children to figure out that you are divorcing. Don’t leave it up to them to figure out what that means for them, either.

Make it a point to sit down with your children and communicate the fact of your divorce. Remember that one of the most common effects of any divorce is the tendency of children to blame themselves for it, or at least wonder if they are to blame. Set that at rest. Directly state that the children are not to blame. Give a short, age-appropriate reason for the divorce, which they can understand.

It’s equally important to not blame your spouse. Hearing one spouse blame another increases children’s stress and anxiety. Ideally, both spouses will meet with the children together and give a neutral reason.

Communicate clearly that you will make their needs for a stable and comfortable life a top priority during the process. If facts like where you will live and where they will go to school may change, tell them you will let them know as soon as possible and that you will take their wishes into account (if it is possible for you to do so).

2. Make the children’s needs a top priority

You not only have to communicate with your children that their needs are a top priority, you have to actually make their needs top-of-the-list. You’ll need to show commitment and flexibility to ensure that custody arrangements, educational arrangements, and more always have their best interests at heart.

Take the time to explain the arrangements that affect them directly. If, for example, you and they will live in a different place or they will attend a different school, tell them well in advance and communicate the reasons.

If changes are likely to impact them, point out any potential positives. Children may, for example, look upon changes in the schools they attend (and thus their friendship groups and plans) very negatively. Put effort into surveying the changes from their point of view and consider any potential positives they may not see, such as new possibilities for extracurricular activities or more flexibility. Communicate those positive elements.

3. Work constructively with your spouse

As much as possible, handle the divorce constructively with your spouse. “Constructively” means several things. First, even if you believe your spouse is to blame, don’t put your children in the middle. Again, don’t blame your spouse in front of the children.

Second, communicate directly with your spouse; don’t make the children the communicators between you. Even if it seems convenient to you to tell the children information to pass on to a spouse they will see shortly, doing so places an unfair burden on children.

Third, don’t make the children your confidants to talk about any negative fallout you’re feeling from the divorce. If you feel you need to talk about these issues, that’s perfectly understandable. But talk to older family, friends, or professional counselors rather than your children.

Fourth, even in a situation where spousal shortcomings may seem obvious, such as ongoing physical abuse, remember that your spouse is their parent. Make it as easy as possible for them to have an ongoing child/parent relationship. Honor custody and other arrangements that allow your spouse to spend time with your children and have a role in their lives.

4. Prepare to deal with children’s emotions

Children often react emotionally to divorce. They may feel sadness, anger, depression, anxiety, stress, even guilt – a whole host of emotions. In addition, of course, they may act out by withdrawing from you, friends and family, or favorite activities such as sports. They may change social groups or start staying out late. They may show aggression when they didn’t before.

Children may need help identifying their emotions. Withdrawal, for example, could indicate sadness or depression. Talk openly about emotions they may feel.

Make every effort to help them deal with these emotions. Validate that it’s okay to have the emotions they have.

If possible, strategize ways to help them deal with the emotions appropriately. Sports or other after-school activities can help them deal with divorce-related emotions such as anger or aggression, for example. Sad movies can help them deal with sadness. Favorite pets can help them feel stable and loved.

5. Seek help 

Just as it takes a village to raise a child, it takes a village to cope with divorce. Your children and you don’t have to go it alone.

Friends and family can play many roles during a divorce. Grandparents, for example, can offer continuing stability and love, as can uncles, aunts, cousins, and other family. Friends can be comforting, especially if they faced something similar in the past.

Let your children’s teachers, school administrators, and coaches know that you are going through a divorce. They can offer support and may know of valuable resources for both children and parents experiencing divorce.

If necessary, reach out for professional help as well. Professional therapists and counselors can provide valuable assistance during this period, allowing both you and your children to talk out their emotions and strategize solutions for challenges.

Counselors and therapists can also offer a wealth of resources, such as self-help groups and suggestions for ongoing strategies.

If you need more information, contact a qualified family law attorney.

 

Aging is a normal part of life that comes with the gradual— sometimes rapid—decline in physical and mental capabilities. As abilities to take care of everyday things diminish, people need help with personal finances, business, health care, and other important things. It’s best to think about the person you want to make these life decisions for you when the time comes.

When you choose that person, you need to formalize an agreement to ensure the individual has the right to make decisions for you. This formal legal document is referred to as a Power of Attorney (POA). Below we offer an overview of powers of attorneys, different types of POAs, and the reasons why designating someone as your power of attorney is so important.

What Is a Power of Attorney? 

A Power of Attorney is a written legal authorization that approves another person to act on your behalf in the event that you become mentally or physically incapacitated. The idea behind designating someone to act on your behalf is to have someone that you trust will represent your best interests and follow through with your wishes when making crucial decisions related to your life.

On the legal document, you are named as principal, and your trusted representative is named as your agent or attorney-in-fact. Many people choose a spouse or an adult child to give their POA. However, other family members and close friends also hold POAs in some cases. Once you grant someone your POA, the law expects them to make informed decisions in your best interest about crucial issues including:

• Healthcare

• Business transactions

• Insurance policies

• Federal and state tax returns

• Other legal or financial planning

Selecting someone as your attorney-in-fact is often part of the estate planning process. However, even those who do not need to worry about designating large amounts of wealth or property to future generations still should create a power of attorney.

Types of Power of Attorney Documents

You can grant power of attorney for various events and circumstances. Each of these variations results in a different type of power of attorney. Your POA document might include various powers or specific responsibilities. Our legal team can review your situation and determine the documents you need going forward. It’s your decision to decide what powers you want to grant another, so they can act on your behalf.

Limited/Special Power of Attorney

If you lose your physical and/or mental capacities, you might want someone you trust to take care of one or more issues or particular responsibilities. Examples include:

• Designating someone to sell your home or other personal property

• Designating someone to monitor and distribute the contents of a safe deposit box

• Designating someone, often a spouse or partner, to make medical decisions on your behalf

• Designating someone to make decisions related to your business

Full Power of Attorney

In situations where you want to provide a trusted individual with a broad range of powers to make important decisions on your behalf, you need to grant him or her full power of attorney. A full POA typically includes personal and business financial transactions, decisions related to healthcare and treatment, and much more. These general full power of attorneys are typically part of an estate plan.

Durability in Louisiana Power of Attorney Documents

Sometimes people avoid granting power of attorney to another person because they are worried they will permanently give up the right to make decisions about their own lives. A durable power of attorney provides the solution to this concern. It is a traditional full power of attorney, but it only goes into effect when you become incapacitated, making durable POAs a popular choice for many.

Everyone Needs a Power of Attorney

Creating power of attorney documents is often associated with aging, but it doesn’t mean you need to wait until you retire to create one. In fact, it’s best to create one early in life and make changes as necessary. A power of attorney is important for several reasons, including:

Avoid Costly and Emotional Court Process

In the event you need someone to make decisions on your behalf, your family members, business partners, or other relevant parties will need to go through a court proceeding to let a Louisiana judge decide who should make decisions for you. If competing family or business interests exist, this kind of proceeding can lead to major disagreements in some situations.

Protect Your Assets

People work their entire life to acquire assets including their homes and retirement savings. Some even build businesses. You risk losing everything you have worked so hard to build if you do not choose someone to handle your affairs. Whoever the court chooses to make decisions for you might not have your best interests in mind. Choosing your own attorney-in-fact makes it far more likely that the person acting on your behalf will honor your requests and wishes. 

Make Healthcare Decisions While You Are in Good Health

It can be scary to think about what you want to do if you get in an accident or have some other medical emergency that makes it impossible for you to make decisions about medical treatment and health care. The same is true about suffering from dementia, Alzheimer’s disease, or another condition related to aging. When you create a POA, you can provide guidance to your trusted agent about whether you will live in a nursing home or receive private care. You can also provide guidance on the types of treatment you wish to receive in the event of an accident or disease.

Get the Legal Help You Need to Draft Your Power of Attorney

As you make plans for your future and choose the person or people you trust to make decisions about your personal assets, obligations, and affairs, an experienced attorney can help prepare the right document(s) for your situation. Contact the skilled legal team at Stephenson, Chavarri & Dawson, L.L.C., online or at 504-523-6496 for estate planning and preparing the proper documents to ensure those you trust can act on your behalf.