A Louisiana appeals court has partially overturned a workers’ compensation judge’s ruling in favor of the New Orleans Saints in a case brought by an injured former football player.
The Louisiana Court of Appeals ruled Wednesday that a corporate judge wrongly dismissed a claim by Mitchell Loewen, who played for the Saints between 2016 and 2020.
Loewen filed her claim in October 2020 seeking disability, medical treatment, punitive damages and attorney’s fees based on an ankle injury in September 2017.
He also sought wage benefits, disability status and medical treatment based on a previous knee injury, and later filed an amended claim based on a 2019 ankle injury.
A compensation judge found that Loewen suffered work-related injuries, but that he failed to meet his burden of proving permanent disability. The judge dismissed the case with prejudice.
On appeal, Loewen made various arguments, including that he should have been entitled to supplemental employment benefits for the wages he lost as a result of the injuries.
The appeals court ruled against Loewen, finding that he failed to show that his injuries caused an inability to earn 90% of his previous salary.
The court sided with Mr. Loewen̵
7;s side in the dispute over permanent partial disability benefits, ruling that the compensation judge improperly addressed the issue of temporary total disability benefits instead.The appeals court remanded the case to the comp judge to determine whether Loewen is entitled to a claim for permanent partial disability benefits.
Source link
