Moore v. McDermott, Inc.

Mr. Moore was fired for not returning to work, according to the clearance form introduced by McDermott. The reason Mr. Moore did not return to work was his continued assertion of a claim for benefits.1 McDermott had notice of this continued assertion through Dr. Fitter.2 Therefore, Mr. Moore was terminated for asserting a claim for worker’s compensation benefits. This is a violation of La.R.S. 23:1361.

The trial court and the majority found Mr. Moore had not borne his burden of proof in establishing a causal connection between his discharge and his assertion of a claim for benefits. I…