Attorney Chris J. Day Convinces First Circuit to Reverse Trial Court Opinion

Available 24/7/365

In an opinion handed down Friday, the First Circuit Court of Appeal unanimously overturned the decision of a Workers' Compensation judge dismissing a claim brought by the descendants of a worker killed while working at a Georgia Pacific plant in August of 2013. The employee's children made a workers' compensation claim for death benefits in the amount of $75,000.00 plus funeral costs, which benefits were denied by Georgia Pacific and the trial court based solely on the employee testing positive for a minuscule amount of THC in his blood at the time of his death.Fisher Injury Lawyers attorney Chris J. Day argued successfully at the appellate level that the inconsequential amount of THC in the employee's system would have in no way caused the employee to be intoxicated and that the accident was caused by a defect in the loading dock that would not have been caused by intoxication. This very simple conclusion was backed up by the testimony of seven co-workers who consistently and unanimously indicated that during their brief encounters with the employee that night, he appeared normal, had clear eyes, no smell of marijuana, no slurred speech, no swerving as he drove his lift truck, and had no stumbling as he walked.This ruling by the Court of Appeal is crucial in our fight to protect our clients' rights, as it sends a clear message to the trial courts as well as employers in Louisiana that they cannot arbitrarily deny employees the damages given to them by law based on inconsequential evidence. We will continue to fight for our clients until they obtain the ruling they deserve.[caption id="attachment_2247" align="alignleft" width="252"]

Chris J. Day, Baton Rouge Injury Attorney

Chris J. Day, Baton Rouge Injury Attorney[/caption]

Let us Evaluate Your Case
Bryan Fisher Lead Trial Attorney at Fisher Injury Lawyers

Decades of personal injury experience fighting for our clients.

Schedule Consultation

Personal Injury Blog

How Smartwatch Data Can Support a Louisiana Personal Injury Claim

Smartwatch data is increasingly valuable in Louisiana personal injury cases. Devices like Apple Watches and Fitbits track step counts, heart rate, and sleep patterns, all of which can document how an injury affected your daily life. If you wear a smartwatch, do not delete or reset anything before speaking with an attorney.

Top 10 Baton Rouge Streets and Highways With the Most Frequent Car Accidents

Traffic in Baton Rouge can be stressful and dangerous, with drivers losing hours each year to congestion and accidents. Learn which roads and intersections are most prone to crashes and how staying informed and having the right legal support can help keep you safe.

Louisiana’s Greater Than 50% Fault Rule: What the 2026 Change Means for Personal Injury Claims

Louisiana’s new greater than 50% fault rule, which took effect in 2026, could significantly impact your ability to recover compensation after an accident. Under the updated law, if you are found more than half at fault, you may receive nothing — even if another party shares responsibility. Learn what changed, why it matters, and how it could affect your personal injury claim.