The Louisiana Third Circuit Court of Appeals recently affirmed a Lafayette workers’ compensation judge’s judgment in three consolidated claims involving a bus accident in Mexico. The claims of Nora Dominguez, Josefa Leal and Trinidad Preciado vs. Riceland Crawfish concerned three Mexican nationals injured in a collision while traveling to the U.S. Consulate in Mexico to obtain H-2B work visas to work as seasonal crawfish peelers in Louisiana. The claimants maintained that they were Riceland’s employees and were in the course and scope of their employment at the time of the accident. MMK’s Kevin Marks and Kent Patterson successfully argued that no employment relationship had been established when the accident occurred, and the workers’ compensation judge granted summary judgment dismissal of the claims. After considering the claimants’ consolidated appeal, the Third Circuit affirmed in a unanimous decision. The case should provide a favorable precedent for employers across Louisiana.
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