Cited by
Opinions in Louisiana that cite Wright v. National Surety Corp., 59 So. 2d 695.
- Charleston v. American Insurance Co. 136 So. 2d 495 La. Ct. App. 1st Cir. 1961
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Lawes v. Houston Fire & Casualty Insurance
135 So. 2d 920
La. 1961
* * * ” , , Brannon v. Zurich General Accident and Liability Insurance Company et al., 224 La.
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Braswell v. Fidelity & Casualty Co. of New York
135 So. 2d 532
La. Ct. App. 1st Cir. 1961
As was pointed out in the Wright case [Wright v. National Surety Corporation] ( , 59 So.2d [695] 697), ‘The question here, as in all these cases, is whether plaintiff is “disabled to do work of any reasonable character” within the intendment of the compensation statute.’ “In the light of the facts in the instant case the plaintiff is, in our opinion, permanently and totally disabled within the me
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Shuff v. Liberty Mutual Insurance Company
134 So. 2d 707
La. Ct. App. 3d Cir. 1961
530 , ; , ; Hale v. Republic Drilling Co., La.App.
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Fruge v. Hub City Iron Works, Inc.
131 So. 2d 593
La. Ct. App. 3d Cir. 1961
530 , ; , ; Fontenot v. Travelers Ins.
- Skidmore v. Drumon Fine Foods, Inc. 130 So. 2d 478 La. Ct. App. 1st Cir. 1961
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Hunter v. Continental Casualty Co.
126 So. 2d 394
La. Ct. App. 1st Cir. 1960
211 , ; , ; Morgan v. American Bitumuls Company, 217 La.
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Monk v. Louisiana Forestry Commission
124 So. 2d 351
La. Ct. App. 3d Cir. 1960
968 , ; , * * * In the case of Coon v. Germany Iron Works, La.App., , it was ably stated: `* * * with the pronouncements of those cases and with that in Carlino v. United States Fidelity & Guaranty Co., 196 La.
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Sykes v. Stout Drilling Co.
124 So. 2d 200
La. Ct. App. 1st Cir. 1960
In his position he is wholly incapacitated, and what little he may learn or be able to do thereafter will likely be done under greater difficulties, placing him at a disadvantage even in securing what work he may be able to perform.” Again the Supreme Court of Louisiana was faced with the same problem in the case of Wright v. National Surety Corporation et al., 1932, , .
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Broussard v. Dumas Chevrolet Company
120 So. 2d 863
La. Ct. App. 1st Cir. 1960
Fruge v. Pacific Employers Insurance Co., 226 La.
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Sumrall v. JC Penney Company
120 So. 2d 67
La. 1960
In support of his contention that he is entitled to the statutory penalties and attorney’s , ; Fruge v. Pacific Employers Ins.
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Davis v. United Fruit Company
120 So. 2d 273
La. Ct. App. 1st Cir. 1960
[4] 1955, , , see footnote 2.
- Garland v. Audubon Insurance Company 119 So. 2d 530 La. Ct. App. 1st Cir. 1960
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Darby v. Johnson
118 So. 2d 707
La. Ct. App. 1st Cir. 1960
530 , ; , ; Hale v. Republic Drilling Co., La.
- Seal v. Lionel F. Favret Company 113 So. 2d 468 La. 1959
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Spears v. Traders & General Insurance
111 So. 2d 197
La. Ct. App. 1st Cir. 1959
Cited in support of the position taken are — , ; Fruge v. Pacific Mutual Insurance Co., 326 La.
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Cain v. Employers Casualty Company
110 So. 2d 108
La. 1959
“The application of the provisions of the Insurance Code, as to penalties, including attorneys’ fees, was recognized in Wright v. National Surety Corporation, 1952, , , where an attorney’s fee was fixed and assessed against the employer’s insurer pursuant to such statute.
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Pohl v. American Bridge Division US Steel Corp.
109 So. 2d 823
La. Ct. App. 1st Cir. 1959
As was pointed out in the Wright case [Wright v. National Surety Corp.], ( , 59 So.2d [695,] 697), `The question here, as in all these cases, is whether plaintiff is "disabled to do work of any reasonable character" within the intendment of the compensation statute.'" [ 224 La.
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Humphreys v. Marquette Casualty Co.
103 So. 2d 895
La. 1958
We conclude that the refusal to pay benefits was arbitrary, , , * * * » The doctrine above mentioned is to the effect that: “It is seen that the statute, which is written into the policy, makes it the direct obligation of the insurer to pay the injured employee.
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Green v. Harper
103 So. 2d 474
La. Ct. App. 1st Cir. 1958
Bean v. Higgins, Inc., supra; , ; Morgan v. American Bitumuls Co., 217 La.
- Trahan v. Louisiana State Rice Milling Company 100 So. 2d 914 La. Ct. App. 1st Cir. 1958
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Hall v. Pipe Line Service Corporation
98 So. 2d 202
La. 1957
This we will not do.” , .
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Cain v. Employers Casualty Company
96 So. 2d 527
La. Ct. App. 2d Cir. 1957
The application of the provisions of the Insurance Code, as to penalties including attorneys' fees, was recognized in Wright v. National Surety Corporation, 1952, , , where an attorney's fee was fixed and assessed against the employer's insurer pursuant to such statute.
- Guillory v. Coal Operators Casualty Company 95 So. 2d 201 La. Ct. App. 1st Cir. 1957
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Patterson v. Cargo Services
95 So. 2d 49
La. Ct. App. 1st Cir. 1957
22:658, , ; Fruge v. Pacific Employers Insurance Company, 226 La.
- Nichols v. Iowa Mutual Insurance Company 95 So. 2d 338 La. 1957
- Reed v. Calcasieu Paper Co. 93 So. 2d 263 La. Ct. App. 1st Cir. 1957
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Flanagan v. Welch
93 So. 2d 36
La. Ct. App. 1st Cir. 1956
the Supreme Court considered just such a situation and *40 held the insurer liable under the cited section of the Revised Statutes.
- Bean v. Higgins, Inc. 88 So. 2d 30 La. 1956
- McAlister v. Liberty Mutual Insurance 87 So. 2d 354 La. Ct. App. 1st Cir. 1956
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Welch v. Newport Industries
86 So. 2d 704
La. Ct. App. 1st Cir. 1956
He is therefore totally disabled within the meaning of our Compensation Act, , ; Estilette v. United States Fidelity and Casualty Co., La.App.
- Bickham v. Lester J. Danner, Inc. 86 So. 2d 564 La. Ct. App. 1st Cir. 1956
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Washington v. Atlantic & Gulf Stevedores, Inc.
85 So. 2d 714
La. Ct. App. 1st Cir. 1956
22:658 and the case of Wright v. National Surety Corporation, 1952, , .
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Gloston v. Coal Operators Casualty Co.
85 So. 2d 100
La. Ct. App. 1st Cir. 1955
and Richard v. Traders & General Ins.
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Michel v. Maryland Casualty Company
81 So. 2d 36
La. Ct. App. 1st Cir. 1955
We feel that under the jurisprudence, Michel is totally rather than partially disabled; , ; Fruge v. Pacific Employers Insurance Company, La.App., 1 Cir., , affirmed on other grounds 226 La.
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Geter v. Travelers Insurance Company of Hartford
79 So. 2d 120
La. Ct. App. 1st Cir. 1955
Wright v. National Surety Co., 1952, , .
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Cummings v. Albert
86 So. 2d 727
La. Ct. App. 1st Cir. 1955
Fruge v. Pacific Employers Ins.
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Fruge v. Pacific Employers Insurance Company
76 So. 2d 719
La. 1954
in which penalties and attorney’s fees were allowed.
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Watson v. Floyd Electric Company
75 So. 2d 361
La. Ct. App. 1st Cir. 1954
Brannon v. Zurich, supra.
- Fruge v. Pacific Employers Ins. Co. 71 So. 2d 625 La. Ct. App. 1st Cir. 1954
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Daigle v. Great American Indemnity Co.
70 So. 2d 697
La. Ct. App. 1st Cir. 1954
was held to be capricious and arbitrary under the facts in that case, then there is no doubt that the refusal in this case was capricious and arbitrary.
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Madison v. Hornsby
69 So. 2d 616
La. Ct. App. 1st Cir. 1953
and Richard v. Traders & General Ins.
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Moore v. Aysen
69 So. 2d 551
La. Ct. App. 1st Cir. 1953
the plaintiff suffered an injury causing a 60% impairment in his arm.
- Wallace v. Aetna Cas. & Sur. Co. 68 So. 2d 685 La. Ct. App. 1st Cir. 1953
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Brannon v. Zurich General Accident & Liability Ins. Co.
69 So. 2d 1
La. 1953
ersal of our jurisprudence that an employee who is by training, experience, status, and education, engaged in a specialized trade and his injury prevents him continuing in-that trade, is totally and permanently disabled within the meaning and contemplation of the compensation statute of this state, , , where this identical contention was urged and decided to the contrary, this court reiterating what has-been, since Knispel v. Gulf States Utilities Company, 174 La.
- Scott v. Fulton Bag & Cotton Mills 65 So. 2d 397 La. Ct. App. 4th Cir. 1953
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Rouse v. Globe Indemnity Co.
65 So. 2d 369
La. Ct. App. 1st Cir. 1953
He predicated his legal conclusions upon the very recent case, decided by the Supreme Court, Wright v. National Surety Corporation, 1952, , , the rationale of which is succinctly set forth in syllabus 1 thereof; plaintiff, the “operator of asphalt distributor machine used in surfacing blacktop roads was a ‘skilled laborer,’ and, on sustaining fracture of right arm resulting in 60 percent limitation of supination and pronation of arm, so tha
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Richard v. Traders & General Ins.
62 So. 2d 533
La. Ct. App. 1st Cir. 1952
We think that the compensation judgment should be amended so as to inclúde penalties and attorney’s , .