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Louisiana high court issues pair of comp fraud rulings - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Louisiana high court issues pair of comp fraud rulings by Louise Esola Workers Comp Coverage , Workplace Safety Jun 30, 2026 The Louisiana Supreme Court on Monday issued two workers compensation fraud rulings, holding in one case that a worker who made false statements forfeited benefits only from the date of the misrepresentation, and in another that an employer and insurer lost their fraud claim after missing a court-ordered deadline. In Johnny Cousain v. Smitty’s Supply Inc. and National Union Fire Insurance Co., the high court affirmed a ruling that Mr. Cousain forfeited workers comp benefits prospectively from the date of a March 2022 deposition, not retroactively to the date of his 2021 workplace motor vehicle accident. Mr. Cousain claimed neck and back injuries after the accident. Smitty’s contested the claim, arguing he falsely testified that he sought emergency treatment two days after the accident, when medical records showed he had not. A workers compensation judge found Mr. Cousain willfully made false statements to obtain benefits but ruled that forfeiture began on the deposition date. The judge awarded pre-forfeiture indemnity and medical benefits and imposed penalties against Smitty’s for failing to pay benefits. An appellate court partially vacated the attorney-fee award but otherwise affirmed. The Supreme Court said Louisiana’s comp fraud statute requires forfeiture of benefits accruing after a false statement, not the retroactive loss of benefits owed before the misrepresentation. The court said the ruling resolved a split among Louisiana appellate courts. In LUBA Workers Comp and TruCare Home Health LLC v. Rebecca Sears, the high court reversed two appellate rulings and reinstated workers compensation court judgments in favor of Ms. Sears. Ms. Sears was injured in 2014 while working for TruCare and later received workers compensation benefits. In 2023, TruCare and LUBA filed a disputed claim alleging she fraudulently misrepresented her injuries to obtain additional benefits. A workers compensation judge found the petition failed to plead fraud with sufficient specificity and gave LUBA 15 days to amend. LUBA sought supervisory review but did not request a stay and filed its amended petition after the deadline had passed. The Supreme Court held that dismissal for failing to comply with the order to amend was self-executing and reinstated a ruling barring LUBA’s second petition on res judicata grounds. Related News Global chief underwriting officer to leave AIG June 30, 2026 HDI names former Vantage Risk exec COO June 30, 2026 Delaware judge sides with insurers in D&O ‘bump-up’ coverage fight June 30, 2026 House votes to reauthorize terrorism insurance program June 30, 2026 Insurers, risk managers praise bill banning litigation funding June 30, 2026 Nevada sets fiscal year 2027 workers comp wage cap June 30, 2026 When the $5 dress now comes with baggage June 30, 2026 EPIC names surety practice development leader June 30, 2026 Equity firm FTV Capital invests in Carbon Underwriting June 30, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. 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