No. 24714-CA Precedential Processed

Johnson v. Fidelity & Casualty Insurance Co.

Louisiana Court of Appeal, Second Circuit · Filed May 5, 1993 · 618 So. 2d 651

Also decided on this docket: La. Ct. App. 2d Cir., May 5, 1993 618 So. 2d 651

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.