Cited by

Opinions in Louisiana that cite Mottet v. Libbey-Owens-Ford Glass Co., 57 So. 2d 218.

102 citing documents.

Darryl Hinnard v. Securitas Security Services USA, Inc. La. Ct. App. 3d Cir. 2007
941, (1955); So.2d 218, 219 (1952).
Brenda White v. Phoenix Pharmacy La. Ct. App. 3d Cir. 2004
941, (1955); So.2d 218, 219 (1952).
White v. Phoenix Pharmacy 870 So. 2d 592 La. Ct. App. 3d Cir. 2004
Desselle v. Dresser Indus. Valve 689 So. 2d 549 La. Ct. App. 3d Cir. 1997
941 , (1955); , , 219 *553 (1952).
Brown v. Caddo Career Center 669 So. 2d 712 La. Ct. App. 2d Cir. 1996
(1952); Glascock v. Georgia-Pacific Corp., 25,677, (La.App.
Stevens v. Wal-Mart Stores, Inc. 663 So. 2d 543 La. Ct. App. 2d Cir. 1995
(1952); Glascock v. Georgia-Pacific Corp., 25,677 (La.App.2d Cir. 3/30/94), .
Holcomb v. Bossier City Police Dept. 660 So. 2d 199 La. Ct. App. 2d Cir. 1995
(1952); Glascock, supra, and case cited therein.
Sevin v. Schwegmann Giant Supermarkets, Inc. 652 So. 2d 1323 La. 1995
Glascock v. Georgia-Pacific Corp. 635 So. 2d 474 La. Ct. App. 2d Cir. 1994
(1952); Johnson v. Cabot Carbon Co., 227 La.
Collier v. Southern Builders, Inc. 606 So. 2d 885 La. Ct. App. 2d Cir. 1992
(1952); and citations therein; Ponville v. Travelers Ins.
Ponville v. Travelers Insurance Co. 591 So. 2d 421 La. Ct. App. 1st Cir. 1991
Disability ‘marks the time from which it is clear that the employee is no longer able to perform the duties of his employment in a satisfactory manner.’ Swearingen v. Air Products & Chemical, Inc., , (1952) and Burleigh v. Argonaut Ins.
Melancon v. Hartford Ins. Co. 545 So. 2d 557 La. Ct. App. 4th Cir. 1989
Swearingen v. Air Products & Chemical, Inc., , (1952) and Burleigh v. Argonaut Ins.
Bernard v. WOODROW WILSON CONST. CO., INC. 526 So. 2d 1248 La. Ct. App. 3d Cir. 1988
The courts of this state, , (1952), have given this provision a liberal construction.
Olson v. Cardinal Wireline Specialist 502 So. 2d 164 La. Ct. App. 1st Cir. 1987
941 , (1955); , (1952).” (Emphasis ours).
Swearingen v. Air Products & Chemical, Inc. 481 So. 2d 122 La. 1986
Loud v. Dixie Metal Co., Inc. 475 So. 2d 122 La. Ct. App. 2d Cir. 1985
Huhn v. Kroger Co. 454 So. 2d 180 La. Ct. App. 1st Cir. 1984
In pertinent part, it states that “when the injury does not result at the time of, or develop immediately after the accident, the limitation shall not take effect until the expiration of one year from the time the injury develops.” , (1952), the Louisiana jurisprudence has construed this statute such that a disabling injury develops when a “disability to perform work becomes manifest either to the injured employee or his employer.” Stewart v. Hospitals Affiliates Intern., Inc. of Baton Rouge, (L
Faucheux v. Hooker Chemical Corp. 440 So. 2d 1377 La. Ct. App. 5th Cir. 1983
Gipson v. Dresser Industrial Valve Operations 428 So. 2d 1338 La. Ct. App. 1st Cir. 1983
(1952), and Wallace v. Remington Rand, Inc., 229 La.
Beverly v. State Through Dept. of Health 424 So. 2d 446 La. Ct. App. 5th Cir. 1982
941 , -5 (1955); , -20 (1952); Burleigh v. Argonaut Ins.
Stewart v. Hospitals Affiliates Intern., Inc. of Baton Rouge 394 So. 2d 647 La. Ct. App. 1st Cir. 1980
(1952) was the first decision to express this theory.
Bolden v. Georgia Cas. & Sur. Co. 363 So. 2d 419 La. 1978
Graver v. Zeeman Enterprises, Inc. 362 So. 2d 1228 La. Ct. App. 4th Cir. 1978
(1952); Wallace v. Remington Rand, Inc., 229 La.
Bolden v. Georgia Casualty & Surety Co. 353 So. 2d 492 La. Ct. App. 1st Cir. 1977
l not take effect until the expiration of one year from the time the injury develops, but in all such cases the claim for payment shall be forever barred unless the proceedings have been begun within two years from the date of the accident.” Although there is an abundance of cases interpreting this exception, three cases are continually cited in the reports: , (1952); Johnson v. Cabot Carbon Company, Inc., 227 La.
Burleigh v. Argonaut Ins. Co. 347 So. 2d 13 La. Ct. App. 3d Cir. 1977
We held that under the jurisprudence, , (1952), the "development of injury" signifies something more than the initial occurrence of pain.
Strange v. Commercial Insurance Co. of Newark 346 So. 2d 752 La. Ct. App. 1st Cir. 1977
(1952), and Wallace v. Remington Rand, Inc., 229 La.
Harris v. Seaboard Fire & Marine Ins. Company 337 So. 2d 262 La. Ct. App. 2d Cir. 1976
941 , (1955); , (1952); (La.App.
Sewell v. Argonaut-Southwest Ins. Co. 338 So. 2d 1208 La. Ct. App. 3d Cir. 1976
Plaintiff thirdly contends, in the alternative, that under the "development of injury rule", , (1952), prescription did not begin to run until she resigned from work on February 28, 1975.
Hebert v. Hartford Accident & Indemnity Company 331 So. 2d 222 La. Ct. App. 3d Cir. 1976
It is generally considered that the landmark jurisprudence interpreting the amendment is that represented by *224 , 57 So.
Walker v. Johns-Mansville Products Corp. 311 So. 2d 506 La. Ct. App. 4th Cir. 1975
(1952), the Supreme Court stated that prescription did not commence to run until the injury had developed and that the injury had not developed into a total disability until the employee could no longer continue in his employment because of the disability.
Burns v. WH Patterson Construction Company 310 So. 2d 675 La. Ct. App. 1st Cir. 1975
651 , (1956); , (1952); Allen v. Milk Haulers (La.App.
Bourgeois v. Brown & Root, Inc. 303 So. 2d 217 La. Ct. App. 4th Cir. 1974
Marcantel v. Gulf Coast Food Stores, Inc. 300 So. 2d 566 La. Ct. App. 1st Cir. 1974
Dupre v. Johnson 299 So. 2d 464 La. Ct. App. 1st Cir. 1974
We have reviewed the cases cited, , (1952), line of jurisprudence, and, without detailing each, we are of the opinion that the facts of this case are not within the ambit of this jurisprudential rule and are not within the contemplation of the statute quoted.
Panebiango v. Main Insurance Company 293 So. 2d 536 La. Ct. App. 4th Cir. 1974
where the Supreme Court stated: "It is well established that disability to do work of a reasonable character is deemed total whenever it appears that the injury causes a total disability to continue carrying on the trade or work for which the employee is suited by training and experience or to do work
Seago v. Continental Casualty Co. 294 So. 2d 912 La. Ct. App. 1st Cir. 1974
(1952), and Wallace v. Remington Rand, Inc., 229 La.
Allen v. Milk Haulers, Inc. 278 So. 2d 871 La. Ct. App. 1st Cir. 1973
In construing this statute, , (1952) and in Wallace v. Remington Rand, Inc., 229 La.
Lockhart v. Pargas, Inc. 271 So. 2d 664 La. Ct. App. 1st Cir. 1973
D'Antoni v. Employers' Liability Assurance Corporation, 213 La.
Charleston v. Veri-Fresh Poultry Company, Inc. 273 So. 2d 712 La. Ct. App. 1st Cir. 1973
Johnson v. Cabot Carbon Company, 227 La.
Distinguished Ebey v. Liberty Mutual Insurance Co. 250 So. 2d 539 La. Ct. App. 1st Cir. 1971
As authority for his position, , ; (La.App.
Kaupp v. City of New Orleans 248 So. 2d 99 La. Ct. App. 4th Cir. 1971
In Mottet v. Libbey-Owens-Ford *101 Glass Co., , (1952), rehearing denied Feb.
Allen v. Freiler Industries, Inc. 246 So. 2d 327 La. Ct. App. 1st Cir. 1971
f, or develop immediately after the accident, the limitation shall not take effect until the expiration of one year from the time the injury develops, but in all such cases the claim for payment shall be forever barred unless the proceedings have been begun within two years from the date of the accident.” In construing this statute, the Supreme Court, , , said: The Workmen’s Compensation Act was amended by Act 29 of 1934 so as to provide that the prescription or peremption should not commence un
Anderson v. Marion Plumbing Co. 236 So. 2d 299 La. Ct. App. 1st Cir. 1970
The compensation claim was filed in the suit on September 19, 1958, which was well within the year after the time the permanent or residual condition was definitely determined.” , (1952).
Hobley v. Phoenix of Hartford Insurance Company 233 So. 2d 589 La. Ct. App. 4th Cir. 1970
(1952), and Wallace v. Remington Rand, Inc., 229 La.
Winters v. City of Shreveport 230 So. 2d 866 La. Ct. App. 1st Cir. 1970
and Wallace v. Remington Rand, Inc., 229 La.
Morris v. Kaiser Aluminum & Chemical Co. 228 So. 2d 261 La. Ct. App. 1st Cir. 1969
651 , ; Brewster v. City of Shreveport, La.App., ; , .
Guillory v. Maryland Casualty Company 227 So. 2d 620 La. Ct. App. 3d Cir. 1969
941 , ; , ; Madison v. American Sugar Refining Co., La.App.
Devillier v. Hartford Accident & Indemnity Co. 219 So. 2d 338 La. Ct. App. 1st Cir. 1969
In support of his first contention, , ; and Mella v. Continental Emsco, La.App., .
Martin v. Travelers Insurance Co. 200 So. 2d 141 La. Ct. App. 1st Cir. 1967
(1952) wherein the Supreme Court stated: “It is well established that disability to do work of a reasonable character is deemed total whenever it appears that the injury causes a total disability to continue carrying on the trade or work for which the employee is suited by training and experience or to
LaCoste v. J. Ray McDermott & Co. 193 So. 2d 779 La. 1967
Wallace v. Remington Rand, Inc., 229 La.