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re: Louisiana Workers Comp Questions

Posted on 1/30/18 at 7:06 pm to
Posted by tigersbb
Member since Oct 2012
10443 posts
Posted on 1/30/18 at 7:06 pm to
quote:

Ignoring WC for a minute, refusing the drug test may not affect WC, but the companies insurance provider for the umbrella or future lawsuit /settlement, will deem the refusal as a failure and use that in court to fight any payments.


Wrong. His sole remedy vs the employer is workers compensation. Now if he can attribute negligence to another party for leaving the debris strewn on the ground he may be able to pursue an action in tort. The WC carrier would have the right to intervene into the third party claim to subrogate for the payments they make.
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