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Cited by

Opinions in Louisiana that cite Morgan v. American Bitumuls Co., 47 So. 2d 739.

45 citing documents.

  • Collier v. Southern Builders, Inc. 606 So. 2d 885 La. Ct. App. 2d Cir. 1992
  • Hawkins v. Johns-Manville Corp. 418 So. 2d 725 La. Ct. App. 1st Cir. 1982
    (1950); Wright v. National Security Corporation, 221 La.
  • Ferrand v. Kaiser Aluminum & Chemical Corp. 398 So. 2d 37 La. Ct. App. 4th Cir. 1981
  • Simmons v. State Dept. of Transp. 368 So. 2d 770 La. Ct. App. 2d Cir. 1979
    486 , (1952); , (1950)."
  • Fazande v. Continental Grain Co. 363 So. 2d 1253 La. Ct. App. 4th Cir. 1978
    486 , (1952) , (1950) the court interpreted the statute to mean work of a similar nature or character.
  • LeBlanc v. Commercial Union Assur. Co. 349 So. 2d 1283 La. Ct. App. 1st Cir. 1977
  • Kilbourne v. Armstrong 351 So. 2d 802 La. Ct. App. 1st Cir. 1977
    486 , (1952); , (1950)."
  • Lewis v. St. Charles Parish Hosp. Serv. Dist. 337 So. 2d 1137 La. 1976
    577 , (1953); , (1950); Malone, Section 278.
  • Branum v. J. Ray Mcdermott & Co. 271 So. 2d 698 La. Ct. App. 1st Cir. 1972
    Wright v. National Surety Corp, 221 La.
  • Jones v. Crescent Construction Co. 192 So. 2d 212 La. Ct. App. 1st Cir. 1966
    Plaintiff contends that as a result of the partial loss of function of his shoulder he should be considered as totally and permanently disabled because his injury is of such a nature as to bar him from successfully competing with able bodied men in the labor market, citing the following cases in support of his contention: , ; Hunter v. Continental Casualty Company, La.App., ; Anderson v. Rowan Drilling Company, La.App., ; Smith v. Travelers Insurance Company, La.App., ; Young v. Southern Casualt
  • Wells v. Kaiser Aluminum & Chemical Corp. 185 So. 2d 37 La. Ct. App. 1st Cir. 1966
    (1950) ; and Scott v. Hillyer, Deutsch, Edwards, Inc., 217 La.
  • Higginbotham v. Newsom Truck Line, Inc. 181 So. 2d 268 La. Ct. App. 1st Cir. 1965
    486 , ; , ; Berry v. Higgins, Inc., La.App., .
  • Moosa v. Abdalla 173 So. 2d 53 La. Ct. App. 1st Cir. 1965
    1 Cir., 1949), a compensation case affirmed without discussion of this point, , (1950), and Shepard v. Whitney Nat.
  • Pennison v. Provident Life and Accident Ins. Co. 154 So. 2d 617 La. Ct. App. 4th Cir. 1963
  • Anderson v. Rowan Drilling Company 150 So. 2d 828 La. Ct. App. 3d Cir. 1963
    486 , , , , and then pointed out that "the criteria in cases of this sort is not simply whether the claimant is a skilled or common laborer, but whether he is disabled to do work of the same or similar description."
  • Darden v. Henry E. Johnson, Inc. 145 So. 2d 75 La. Ct. App. 1st Cir. 1962
    a laborer suffered 20% damage to his shoulder and was' allowed compensation for partial disability only as contended by Defendants here.
  • Lawes v. Houston Fire & Casualty Insurance 135 So. 2d 920 La. 1961
    Section 1221 of such statute sets forth the compensation payable to employees under various circumstances of disability “to do work of any reasonable character.” And, with reference to it, , , stated: “ * * * Our jurisprudence is settled that the clause ‘disability to do work of any reasonable character’, as contained in the compensation statute, means disability to perform work of the same or similar description, kind or character (not necessarily the identical position) to that which
  • Criticized Jagneaux v. Marquette Casualty Company 135 So. 2d 794 La. Ct. App. 3d Cir. 1961
    In Morgan v. American Bitumuls Co. (1950), , , in the concurring opinion of Justice McCaleb, he criticized the holding *798 in the case of Washington v. Holmes & Barnes, supra.
  • Hunter v. Continental Casualty Co. 126 So. 2d 394 La. Ct. App. 1st Cir. 1960
    486 , ; , ; Reeve v. Clement-Braswell Machine & Fab.
  • Monk v. Louisiana Forestry Commission 124 So. 2d 351 La. Ct. App. 3d Cir. 1960
    530 , ; , ; Wright v. National Surety Corp., 221 La.
  • Sykes v. Stout Drilling Co. 124 So. 2d 200 La. Ct. App. 1st Cir. 1960
  • Jones v. Brewton 121 So. 2d 600 La. Ct. App. 1st Cir. 1960
    in that the facts disclosed in the cited case showed that the injured laborer returned to his same trade and occupation, although at a lesser wage.
  • Pohl v. American Bridge Division US Steel Corp. 109 So. 2d 823 La. Ct. App. 1st Cir. 1959
    m some of the functions formerly performed should be considered as total disability or as partial disability, has vexed this Court for many years because, as is evidenced by our opinion in Butzman v. Delta Shipbuilding Co., Inc., La.App., , and in many subsequent cases, we were of the view that the Supreme Court had established the very rule which, in Morgan v. American Bitumuls Co. [ , ], it has disapproved, and held that there is total disability whenever the employee cannot, after an injury,
  • Green v. Harper 103 So. 2d 474 La. Ct. App. 1st Cir. 1958
    486 , ; , ; Fruge v. Pacific Employers Insurance Co., 226 La.
  • Trahan v. Louisiana State Rice Milling Company 100 So. 2d 914 La. Ct. App. 1st Cir. 1958
    530 , ; , ; Wright v. National Surety Corp., 221 La.
  • Reed v. Calcasieu Paper Company 98 So. 2d 175 La. 1957
    In the case of Morgan v. American Bitumuls Co. (In re Morgan), , , we observed: “Our jurisprudence is settled that the clause ‘disability to do work of any reasonable character’, as contained in the compensation statute, means disability to perform work of the same or similar description, kind or character (not necessarily the identical position) to that which t
  • Bean v. Higgins, Inc. 88 So. 2d 30 La. 1956
    530 , ; , ; Wright v. National Surety Corp., 221 La.
  • McAlister v. Liberty Mutual Insurance 87 So. 2d 354 La. Ct. App. 1st Cir. 1956
  • Cummings v. Albert 86 So. 2d 727 La. Ct. App. 1st Cir. 1955
    Coon v. Germany Iron Works, La.App., ; Loflin v. Erectors & Riggers, Inc., La.App.
  • Myers v. Jahncke Service 76 So. 2d 436 La. Ct. App. 1st Cir. 1954
    596 , ; , ; Falgoust v. Maryland Casualty Co., La.
  • Fruge v. Pacific Employers Insurance Company 76 So. 2d 719 La. 1954
    and authorities therein cited.
  • Watson v. Floyd Electric Company 75 So. 2d 361 La. Ct. App. 1st Cir. 1954
    in his concurring opinion, which was approved and followed by the Supreme Court in Brannon v. Zurich, supra, that a 20% disability may have the effect of reducing a worker's earning power 75%.
  • Weeks v. Consolidated Underwriters 73 So. 2d 479 La. Ct. App. 1st Cir. 1954
    See Morgan v. American Bitumuls Company, 1950, , , wherein it was stated: “In cases of total disability it has been held that the employee is entitled to benefits under the statute even though after the accident he engages in, or is qualified to engage in, an occupation dissimilar to that which he was undertaking when injured and more remunerativ
  • Fruge v. Pacific Employers Ins. Co. 71 So. 2d 625 La. Ct. App. 1st Cir. 1954
    Brannon v. Zurich General Accident & Liability Insurance Company, La.App., ; Washington v. Holmes & Barnes, La.App., 4 So.
  • Daigle v. Great American Indemnity Co. 70 So. 2d 697 La. Ct. App. 1st Cir. 1954
    9 , , ; both of which were decided by our Supreme Court and are the law.
  • Moore v. Aysen 69 So. 2d 551 La. Ct. App. 1st Cir. 1953
    Co., La.App., .” , , and authorities cited.
  • Loflin v. Erectors & Riggers, Inc. 68 So. 2d 694 La. Ct. App. 1st Cir. 1953
    education and previous experience; or “ ‘disability to do work of any reasonable character’, as contained in the compensation statute, means disability to perform work of the same or similar description, kind or character (not necessarily the identical position) to that which the claimant was accustomed to perform or was undertaking when the injury occurred.” , ; Scott v. Hillyer Deutsch Edwards, Inc., 217 La.
  • Brannon v. Zurich General Accident & Liability Ins. Co. 69 So. 2d 1 La. 1953
    disability to do work “of any reasonable character” the appellate court concluded, despite its finding as a fact that “there are certain functions (of his trade as a carpenter) which the plaintiff cannot perform or can perform only with pain or with an increase in the normal hazards of his occupation,” , , the defendant was only partially disabled.
  • Blanchard v. Pittsburg-Des Moines Steel Co. 66 So. 2d 342 La. 1953
    between the wages he was earning at the time of the accident and the wages he was earning as an overseer, or, if the work of an overseer cannot be classed as manual or common labor, whether we compute it on the basis of 10 per cent (the percentage of plaintiff’s impairment) of 65 per cent of the weekly wages he was earning at the time of the accident, , , for under either computation the amount would be less than $3 per week, which would .
  • Strother v. Standard Acc. Ins. Co. 63 So. 2d 484 La. Ct. App. 1st Cir. 1953
  • Brannon v. Zurich Gen. Accident & Liability Ins. 61 So. 2d 257 La. Ct. App. 1st Cir. 1952
  • Blanchard v. Pittsburgh-Des Moines Steel Co. 59 So. 2d 384 La. Ct. App. 1st Cir. 1952
    740: “In seeking compensation as for total disability plaintiff contends in this court, to quote from the brief of his counsel, that '* * * when a workman is injured so that he is unable to perform the duties of the position occupied when injured, he is totally and permanently disabled, notwithstandin
  • Wright v. National Surety Corp. 59 So. 2d 695 La. 1952
    In support of this ruling, , .
  • Wright v. National Surety Corp. 52 So. 2d 597 La. Ct. App. 1st Cir. 1951
    We further concluded that the duties of an operator of an asphalt distributor were those of a laborer rather than of a skilled employee and, , , held the plaintiff to have been partially, rather than totally, disabled.
  • Wright v. National Surety Corp. 49 So. 2d 513 La. Ct. App. 1st Cir. 1950
    One of the latest cases decided by the Supreme Court, which had previously been decided by this Court, , .