No. 24714-CA
Precedential
Processed
Johnson v. Fidelity & Casualty Insurance Co.
Also decided on this docket: La. Ct. App. 2d Cir., May 5, 1993 618 So. 2d 651
Johnson v. Fidelity & Casualty Insurance Co., 618 So. 2d 651 (La. Ct. App. 2d Cir. 1993).
Opinion text
HIGHTOWER, Judge, concurring. Where, as here, an employee waits ten years before coming forward to complain that previous benefits have been based upon an incorrect average earnings figure, it is surely incumbent upon him to prove that assertion. Yet, with certain reservations, I can accept the conclusion that the plaintiff succeeded in sustaining that burden in the instance before us.