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Cited by

Opinions in Louisiana that cite Comeaux v. City of Crowley, 793 So. 2d 1215.

50 citing documents.

  • Mona Leblanc v. Walmart Distribution Center La. Ct. App. 3d Cir. 2024
    Comeaux v. City of Crowley, 01-32 (La.7/3/01)
  • John J. Tombrello v. State of Louisiana through LSUHSC La. Ct. App. 2d Cir. 2024
  • Carol Joseph v. At&t La. Ct. App. 3d Cir. 2023
    7/3/01), regarding what factors should be considered in a PTD determination.
  • Angela Leonards v. Carmichael's Cashway Pharmacy, Inc. La. Ct. App. 3d Cir. 2022
    7/3/01), held that in determining an injured employee’s status as permanently, totally disabled, the WCJ must read La.R.S.
  • Allen v. Graphic Packaging International, Inc. 211 So. 3d 1219 La. Ct. App. 2d Cir. 2017
  • Eugene Rouly v. Perero Company, Inc. La. Ct. App. 3d Cir. 2016
    7/3/01), (quoting H. Alston Johnson, Bound in Shallows and Miseries: The 1983 Amendments to the Workers’ Compensation Statute, 44 La.L.Rev.
  • Rouly v. Perero Companies 206 So. 3d 1159 La. Ct. App. 1st Cir. 2016
    7/3/01), (quoting H. Alston Johnson, Bound in Shallows and Miseries: The 1983 Amendments to the Workers’ Compensation Stat *1164 ute, 44 La.L.Rev.
  • Baker v. Harrah's 190 So. 3d 379 La. Ct. App. 1st Cir. 2016
    4 Cir. 5/1/13), , citing Comeaux v. City of Crowley, 2001-0032, p. 11 (La.7/3/01), .
  • Donald Blaine Stelly v. Cna Insurance Co. La. Ct. App. 3d Cir. 2015
  • Stelly v. CNA Insurance Co. 177 So. 3d 159 La. Ct. App. 1st Cir. 2015
    Comeaux v. City of Crowley, 01-32 (La.7/3/01), .
  • State, DOTD v. Berry 147 So. 3d 270 La. Ct. App. 2d Cir. 2014
    Comeaux v. City of Crowley, 2001-0032 (La.7/3/01), ; Morgan v. Glazers Wholesale Drug Co., supra.
  • Conerly v. Triad Nitrogen 123 So. 3d 273 La. Ct. App. 1st Cir. 2013
    The supreme court noted that legislation was enacted in 1983 to tighten the standard for receiving permanent, total disability in rendering its decision in Comeaux v. City of Crowley, 2001-0032 (La.7/3/01), .
  • Phillips v. City of New Orleans 116 So. 3d 823 La. Ct. App. 1st Cir. 2013
    In Comeaux v. City of Crowley, 01-0032, p. 5 (La.7/3/01), , for example, Mr. Comeaux was medically approved for light to sedentary work; however, his vocational rehabilitation expert found that he was unemployable in any occupation.
  • Hollingsworth v. Steven Garr Logging 110 So. 3d 1219 La. Ct. App. 2d Cir. 2013
    Comeaux v. City of Crowley, 01-0032 (La.7/3/01), ; 1 H. Alston Johnson, III, Workers’ Compensation Law and Practice § 275, in 13 Louisiana Civil Law Treatise (5th ed.2010).
  • Johnny Brumfield v. Anthony Timberlands, Inc. La. Ct. App. 3d Cir. 2008
  • Brumfield v. ANTHONY TIMBERLANDS, INC. 2 So. 3d 489 La. Ct. App. 1st Cir. 2008
    Comeaux v. City of Crowley, 01-32 (La.7/3/01), .
  • Tillery v. State ex rel. Department of Public Safety & Corrections 984 So. 2d 742 La. Ct. App. 1st Cir. 2008
    1 See Comeaux v. City of Crowley, 01-0032, p. 15 (La.7/3/01), -1224 ; Warren v. H & W Steel Erectors, Inc., (La.App.
  • Tillery v. STATE, DEPT. OF PUBLIC SAFETY 984 So. 2d 742 La. Ct. App. 1st Cir. 2008
    [1] See Comeaux v. City of Crowley, 01-0032, p. 15 (La.7/3/01), -1224 ; Warren v. H & W Steel Erectors, Inc., (La.App.
  • Lynn Dousay Dba Dousay Floor v. Donnie Dousay La. Ct. App. 3d Cir. 2007
  • Donnie Dousay v. Dousay Floor Covering La. Ct. App. 3d Cir. 2007
  • Dousay v. Dousay Floor Covering 966 So. 2d 677 La. Ct. App. 3d Cir. 2007
    He also argues that the WCJ failed to consider and properly weigh all of the evidence, as required by our supreme court in its opinion in Comeaux v. City of Crowley, 01-32 (La.7/3/01), .
  • Toni W. Odom v. Kinder Nursing Home La. Ct. App. 3d Cir. 2007
    7/3/01), the supreme court stated, “Obviously, the Legislature intended, by imposing in La.Rev.Stat.
  • Odom v. Kinder Nursing Home 956 So. 2d 128 La. Ct. App. 3d Cir. 2007
    In Comeaux v. City of Crowley, 01-0032, p. 13 (La.7/3/01), , the supreme court stated, "Obviously, the Legislature intended, by imposing in La.Rev.Stat.
  • William Tony Reeves v. I. M. C. La. Ct. App. 3d Cir. 2006
    7/3/01), (interpreting a doctor’s statement that the claimant was unable to work but was encouraged to be as active as possible within the parameters of light and sedentary activities as tolerated to mean that the claimant was physically unable to work).
  • Reeves v. International Maintenance Corp. 926 So. 2d 105 La. Ct. App. 1st Cir. 2006
    See Comeaux v. City of Crowley, 01-0032 (La.7/3/01), (interpreting a doctor’s statement that the claimant was unable to work but was encouraged to be as active as possible within the parameters of light and sedentary activities as tolerated to mean that the claimant was physically unable to work).
  • Poole v. Terrell Musgrove Siding & Gutter 917 So. 2d 1138 La. Ct. App. 5th Cir. 2005
    and Comeaux v. City of Crowley, 01-0032 (La.7/3/01), to support his position that a totality of factors in this case prove that he is permanently and totally disabled.
  • Bonvillain v. Preferred Industries and LWCC 917 So. 2d 1 La. Ct. App. 1st Cir. 2005
    Comeaux v. City of Crowley, 01-0032, pp. 8-9 (La.7/3/01), , quoting Hatcherson v. Diebold, Inc., 00-3263, p. 4 (La.5/15/01), .
  • Dennis v. Boh Bros. Construction Co. 899 So. 2d 761 La. Ct. App. 2d Cir. 2005
    In Comeaux v. City of Crowley, 2001-0032 (La.07/03/01), , the supreme court applied a “totality of the circum stances” test in determining entitlement to permanent and total disability, finding a fifty-five-year-old man permanently and *764 totally disabled when his physical restriction to sedentary activities combined with a failed attempt to rehabilitate or re-train the
  • Young v. Physicians & Surgeons Hosp. 895 So. 2d 723 La. Ct. App. 2d Cir. 2005
    Comeaux v. City of Crowley, XXXX-XXXX (La.7/3/01), .
  • Carter v. Williamson Eye Center 906 So. 2d 503 La. Ct. App. 1st Cir. 2005
    Comeaux v. City of Crowley, XXXX-XXXX, pp. 8-9 (La.7/3/01), .
  • Frith v. Riverwood, Inc. 892 So. 2d 7 La. 2005
    In support of this argument, she claims that both the WCJ and the court of appeal failed to consider and properly weigh all the evidence, as required by this court's opinion in Comeaux v. City of Crowley, 01-0032 (La.7/3/01), , which held that the plaintiff's unsuccessful attempt at the rehabilitation required by La.Rev.Stat.
  • Hand v. City of New Orleans 892 So. 2d 609 La. Ct. App. 4th Cir. 2004
    the court dealt with the issue of whether other factors besides purely physical limitations should be considered in determining status as permanently and totally disabled.
  • Dallas Maynard v. Grey Wolf Drilling La. Ct. App. 3d Cir. 2004
    7/3/01), a case in which the Louisiana Supreme Court considered what might constitute the phrase “physically unable to engage in any employment or self- employment, regardless of the nature or character of the employment or self-employment” as used in La.R.S.
  • Maynard v. Grey Wolf Drilling 885 So. 2d 1277 La. Ct. App. 3d Cir. 2004
    [4] In reasons for ruling, the workers' compensation judge referenced Comeaux v. City of Crowley, 01-0032 (La.7/3/01), , a case in which the Louisiana Supreme Court considered what might constitute the phrase "physically unable to engage in any employment or self-employment, regardless of the nature or character of the employment or self-employment" as used in La.R.S.
  • Frith v. Riverwood, Inc. 878 So. 2d 595 La. Ct. App. 1st Cir. 2004
    See Comeaux v. City of Crowley, 01-0032 (La.7/3/01), , and Severio v. J.E.
  • Sarrio v. Stalling Const. Co. 876 So. 2d 157 La. Ct. App. 5th Cir. 2004
    Hatcherson v. Diebold, Inc., 00-3263 at p. 4 (La.5/15/01), (citing Black's Law Dictionary 227 (5th ed.1979)); Comeaux v. City of Crowley, 01-0032, p. 9 (La.7/3/01), ; Kaiser v. Western-Southern Ins.
  • Lynch v. New Medico Rehab Center 878 So. 2d 579 La. Ct. App. 1st Cir. 2004
    See Comeaux v. City of Crowley, 01-0032 (La.7/3/01), .
  • Distinguished Gardache v. City of New Orleans 874 So. 2d 247 La. Ct. App. 4th Cir. 2004
    Mr. Gardache relies on Comeaux v. City of Crowley, 01-0032 (La.7/3/01), , for a finding of PTD.
  • Jones v. Walpole Tire Service, Inc. 867 So. 2d 927 La. Ct. App. 2d Cir. 2004
    Comeaux v. City of Crowley, 01-0032 (La.7/3/01), .
  • Fred Edler, Jr. v. City of New Iberia La. Ct. App. 3d Cir. 2004
    7/3/01), where the supreme court explained: This case requires that we construe La.Rev.Stat.
  • Edler v. City of New Iberia 865 So. 2d 1015 La. Ct. App. 1st Cir. 2004
    This argument fails in light of the supreme court’s decision in Comeaux v. City of Crowley, 01-32, pp. 12-13 (La.7/3/01), , where the supreme court explained: This case requires that we construe La.Rev.Stat.
  • Yen v. Avoyelles Parish Police Jury 858 So. 2d 786 La. Ct. App. 3d Cir. 2003
    3 Cir. 12/6/00), -02 , affirmed, 01-0032 (La.7/3/01), .
  • May Yen v. Avoyelles Parish Police Jury La. Ct. App. 3d Cir. 2003
  • Kaufman v. Fishery Products of Louisiana, Inc. 866 So. 2d 256 La. Ct. App. 1st Cir. 2003
    LYSIS Mr. Kaufman claims that the reduction to the SEB rate is erroneous for three reasons: (1) he is in need of knee replacement surgery; thus, he should continue to receive TTD because he has not reached maximum medical cure; (2) if, however, he is found not entitled to receive TTD, then he should be found totally and permanently disabled under Comeaux v. City of Crowley, 2001-0032 (La.7/3/01), ; and (3) if not found to be entitled to TTD or total and permanent disability payments, then he sho
  • Lawrence v. United Parcel Service 865 So. 2d 750 La. Ct. App. 2d Cir. 2003
    Comeaux v. City of Crowley, 01-0032 (La.7/3/01), .
  • Poole v. Terrell Musgrove Siding and Gutter 850 So. 2d 824 La. Ct. App. 5th Cir. 2003
    [5] XXXX-XXXX (La.7/3/01), .
  • Boquet v. Tetra Technologies, Inc. 847 So. 2d 1 La. Ct. App. 1st Cir. 2003
    Comeaux v. City of Crowley, 01-0032, pp. 8-9 (La.7/3/01), .
  • Severio v. JE Merit Constructors, Inc. 845 So. 2d 465 La. Ct. App. 1st Cir. 2003
    In Comeaux v. City of Crowley, XXXX-XXXX (La.7/3/01), , the supreme court applied a "totality of the circumstances" test in determining entitlement to permanent and total disability, finding a fifty-five-year-old man permanently and totally disabled when his physical restriction to sedentary activities combined with a failed attempt to rehabilitate or re-train the claima
  • Kaiser v. Western-Southern Ins. Co. 821 So. 2d 52 La. Ct. App. 5th Cir. 2002
    Hatcherson v. Diebold, Inc., 00-3263 at p. 4 (La.5/15/01), (citing Black's Law Dictionary 227 (5th ed.1979)); Comeaux v. City of Crowley 01-0032 (La.7/3/01), .
  • Smith v. Season's Manufacturing 815 So. 2d 899 La. Ct. App. 1st Cir. 2002
    In interpreting this statute, the Louisiana Supreme Court recently recognized that the “clear and convincing” standard in a workers’ compensation case is “an intermediate standard falling somewhere between the ordinary preponderance of the evidence civil standard and beyond a reasonable doubt criminal standard.” Comeaux v. City of Crowley, 01-0032, pp. 8-9 (La.7/3/01); , 1220 quoting Hatcherson v. Diebold, Inc., 00-3263, p. 4 (La.5/15/01); (Citing Black’s Law Dictionary 227 (5th ed. 1979)).