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Workers' Compensation: La. Supreme Court Ruling on Johnny Cousain v. Smitty’s Supply, Inc.

Posted on: Jun 29, 2026
News: Committees
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In Supreme Court News Release #030, issued on June 29, 2026, the Louisiana Supreme Court ruled on Johnny Cousain v. Smitty’s Supply, Inc., et al., 2025-C-01318. 

In a detailed analysis of the interplay of Louisiana’s Workers’ Compensation Act, the Louisiana Supreme Court concluded: “Reading the statute as a whole and in the broader context of the Act, we hold that an employee found in violation of La. R.S. 23:1208 forfeits the right to obtain workers’ compensation benefits from the time the willful misrepresentation occurs. The forfeiture is prospective from the date of the misrepresentation forward and is not a retroactive loss of benefits to which the employee was entitled before the misrepresentation was made. To the extent that Moran v. Rouse’s Enters., LLC, 19-239 (La. App. 5 Cir. 12/26/19), 286 So.3d 1245, held that La. R.S. 23:1208(E) requires a loss of all benefits from the date of the accident, that decision is overruled.”

Chief Justice Weimer wrote the opinion.  The judgment will not be final until fourteen days lapse, unless an application for rehearing is filed which would delay the finality of the decision. 


Hon. Diane Lundeen
Chair, NOBA Workers' Compensation Law Committee
Office of Workers' Compensation