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J. David Smith, Attorney at Law Blog

  • Medical Marijuana and Workers' Compensation

    The Louisiana Legislature has now defined which medical conditions will be eligible for treatment with “Medical Marijuana” (tetra-hydro-cannabinoids). Medical Marijuana (hereinafter M-THC) is a term used to describe the extracts of the marijuana plant that are distilled and refined in such a way as to provide pain relief, without the intoxicating effects of marijuana obtained illicitly. M-THC has ...
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  • Workers’ Compensation and the Intoxication Defense

    If you are injured at work and there is evidence of either on or off the job use of a non-prescribed controlled substance, or if your blood alcohol level is 0.08 percent or more, you could forfeit your rights to workers’ compensation benefits. Refusing to take a post-accident drug test indicates you are intoxicated, which employers will argue is what caused the accident. The intoxication defense ...
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  • Permanent and Total Disability

    Permanent and Total Disability (PTD) benefits provide wage loss benefits paid at two-thirds of the employee’s pre-injury average weekly wage, for the employee’s life. Due to changes in the law, these claims have become exceedingly rare in Louisiana. The Louisiana Workers’ Compensation Act provides for PTD in La. R. S. Title 23:1221(2), which states an employee is PTD if injuries and/or ...
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  • Workers' Compensation & Social Media--Why Insurance Companies Love Your "Likes"

    Facebook, Twitter, Instagram, Snapchat, Tumblr, and LinkedIn, to name few, are social media outlets where we can express ourselves to a wide audience very quickly. With one click or swipe, you can let the world know what you are doing, how you are feeling, where you are, and even who you are with. Sounds great, right? It sure does sound great to the insurance company who is paying your workers’ ...
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