What's New

  • TWPD celebrates its 20th anniversary in November of 2015!  TWPD would like to thank all of our staff, lawyers, and clients who have made 20 years possible! Thank you for your collective hard work and support!
  • The Louisiana Supreme Court adopted a bright-line rule, holding that the collateral source doctrine does not apply to attorney-negotiated medical discounts obtained though the litigation process. In reaching this conclusion, the Court noted that "allowing the plaintiff to recover an amount for which he has not paid, and for which he has no obligation to pay, is at cross purposes with the basic principles of tort recovery in our Civil Code." This reasoning may open the door for defendants to argue that the collateral source rule does not apply to any discounted medical expenses. Indeed, in reaching their decision, the Court cited to a California opinion which held that the collateral source rule does not apply to discounted medical bills. Hoffman v. 21 st Century North American Ins. Co. (October 2015).
  • TWPD welcomes Jon Womack. Jon joins TWPD as Special Counsel whose practice is focused on complex insurance coverage litigation.
  • Lousiana Second Circuit Court of Appeal holds the Merchant Liability Statute does not require a merchant to keep entrances/exits completely dry during rainy weather. The proper reasoning is whether the trial court could reasonably conclude "that the defendant's rainy day safety measures were organized, prudent, and reasonable." Ferlicca v. Brookshire Grocery Store(September 2015).
  • Scott Rainwater, Jason Bone, and Jon Womack named to 2016 Super Lawyers Rising Stars list.
  • Louisiana district court sitting in Baton Rouge rules that the provisions of the Workers’ Compensation Act governing resolution of medical disputes by the Office of Workers’ Compensation Medical Director are unconstitutional. Appeal to be filed. Janice Hebert, et al v Louisiana Workforce Commission, et al (June 2015).
  • Scott Rainwater will be a featured speaker at the Young Lawyers Seminar for the Louisiana Association of Defense Counsel on December 11, 2015 at the Roosevelt Hotel in New Orleans, LA. Scott's presentation is titled "Win your Case before Trial", focusing on the importance of pre-trial motions.
  • Louisiana appeals court rules that claimant committed workers’ compensation “fraud” based on surveillance video presented by the employer. Malone-Watson v Strategic Restaurants (June 2015).
  • Louisiana appeal court finds that work-related accident that occurred while claimant was cutting timber for a boat ramp less than 100 feet from a navigable waterway was governed by the State workers’ compensation system, not the federal Longshore Act. Hernandez v LWCC (June 2015).
  • On January 22, 2016, Scott Cowart will be a featured presenter at the 6th Annual Workers' Compensation Educational Conference at the Renaissance Hotel in Baton Rouge, LA. Scott will join a panel with three OWC judges in the titled presentation "Is the prelimiary determination process working?".