Hargrave v. Louisiana

The Supreme Court granted the Louisiana Department of Transportation and Development's (DOTD) writ application to consider whether the Office of Workers' Compensation hearing officer erred in requiring a vocational rehabilitation counselor to comply with the so-called "Crain Brothers conditions," drafted by claimant's counsel, before the counselor could commence or continue to provide vocational rehabilitation services to the claimant. Upon review, the Court held that the hearing officer erred in imposing these conditions ostensibly as a prophylactic measure without an evidentiary showing that any of the imposed conditions were reasonably necessary to resolve or rectify a "dispute . . . concerning the work of the vocational counselor" as provided in La. Rev. Stat. 23:1226(B)(3)(a). Accordingly, the Court reversed the lower courts' rulings, and remanded the case to the Office of Workers' Compensation. View "Hargrave v. Louisiana" on Justia Law