Cited by
Opinions in Louisiana that cite Bean v. Higgins, Inc., 88 So. 2d 30.
- Irvine v. Sentry Ins. Co. 415 So. 2d 467 La. Ct. App. 1st Cir. 1982
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Griffin v. Hochendel
263 So. 2d 474
La. Ct. App. 1st Cir. 1972
Bean v. Higgins, Inc., , .
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Williams v. Hudson East
261 So. 2d 629
La. 1972
747 , (1957); Bean v. Higgins, Inc., , (1956); Brannon v. Zurich General Accident and Liability Ins.
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Broussard v. Frank Tea & Spice Co.
250 So. 2d 80
La. Ct. App. 1st Cir. 1971
Bean v. Higgins, Inc., , (1956).
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Smith v. Travelers Insurance Company
174 So. 2d 241
La. Ct. App. 3d Cir. 1965
Lawes v. Houston Fire and Casualty Insurance Co., cited above; Olivier v. Liberty Mutual Insurance Co., cited above; , ; Anderson v. Rowan Drilling Co., La.App.
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Occhipinti v. Marquette Casualty Company
158 So. 2d 389
La. Ct. App. 3d Cir. 1964
Bean v. Higgins, Inc., , , cf. Trahan v. Louisiana State Rice Milling Co., La.App.
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Parish v. Standard Accident Insurance Company
158 So. 2d 892
La. Ct. App. 3d Cir. 1963
See also Bean v. Higgins, Inc., , (welder's helper unable to work without pain).
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Thomas v. Gates, Inc.
157 So. 2d 263
La. Ct. App. 3d Cir. 1963
161 , ; Bean v. Higgins, Inc., , ; Emilien v. National Gypsum Company, supra; Murphy v. American General Insurance Company, La.App.
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Darden v. Henry E. Johnson, Inc.
145 So. 2d 75
La. Ct. App. 1st Cir. 1962
Bean v. Higgins, Inc., , ; Monk v. Louisiana Forestry Commission, La.App., .
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Harris v. Argonaut Insurance Company
142 So. 2d 501
La. Ct. App. 2d Cir. 1962
Bean v. Higgins, Inc., , ; Carlino v. United States Fidelity & Guaranty Co., 196 La.
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Murry v. Southern Pulpwood Insurance Company
136 So. 2d 165
La. Ct. App. 3d Cir. 1961
Viator v. Hub City Contractors, Inc., La.App.
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Schram v. Lake Charles Ready-Mix, Inc.
125 So. 2d 213
La. Ct. App. 3d Cir. 1960
(Italics ours) As stated in Bean v. Higgins, Inc., , , "* * * The test of total and permanent disability is whether the injured employee is capable of performing the work of the occupation in which he was engaged at the time of injury or whether he is able to do the kind of work he is trained to do or customarily does in the usual and customary way and
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Hunter v. Continental Casualty Co.
126 So. 2d 394
La. Ct. App. 1st Cir. 1960
Bean v. Higgins, Inc., , ; Wright v. National Surety Corp., 221 La.
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Monk v. Louisiana Forestry Commission
124 So. 2d 351
La. Ct. App. 3d Cir. 1960
The test of total and permanent disability, as approved in Bean v. Higgins, Inc. and Columbia Casualty Company, 1956, , , is: "* * * whether the injured employee is capable of performing the work or the occupation in which he was engaged at the time of injury or whether he is able to do the kind of work he is trained to do or customarily does in the usual and customary way and without any serious impairment of his cap
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Shaw v. F. & C. Engineering Co.
120 So. 2d 523
La. Ct. App. 1st Cir. 1960
nclusive proof * * * ‘By a preponderance of evidence is meant simply evidence which is of greater weight, or more convincing, than that which is offered in opposition to it.’ ” Similarly reversing a lower court which had limited a claimant’s recovery based upon a greater number of *528 medical witnesses testifying in opposition to his claim, the Supreme Court also stated in Bean v. Higgins, Inc., , , 32: “Mere numerical numbers of [medical] experts is not sufficient for a determination of a deci
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Scarborough v. Nichols Construction Co.
110 So. 2d 811
La. Ct. App. 1st Cir. 1959
In the case of Bean v. Higgins, Inc., , , a , decided by this Court, the test to be applied in reaching a conclusion as to what constitutes permanent and total disability is as follows: “The test of total and permanent disability is whether the i
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Vidrine v. Employers Mutual Liability Insurance
103 So. 2d 292
La. Ct. App. 1st Cir. 1958
Bean v. Higgins, Inc., , .
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Green v. Harper
103 So. 2d 474
La. Ct. App. 1st Cir. 1958
538 , ; Bean v. Higgins, Inc., , ; Young v. Central Surety & Insurance Corp., La.App., ; Henry v. Higgins Industries, Inc., La.App., .
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Ceasar v. Calcasieu Paper Company
102 So. 2d 314
La. Ct. App. 1st Cir. 1958
747 , , and Bean v. Higgins, Inc., , , that a laborer unable to perform without substantial pain the heavy duties of the type of employment in which he sustained an accident is permanently and totally disabled within the meaning and contemplation of the compensation statute.
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McGee v. Reimers-Schneider Co.
102 So. 2d 566
La. Ct. App. 1st Cir. 1958
Bean v. Higgins, Inc., , , cf. Trahan v. Louisiana State Rice Milling Co., La.App.
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Trahan v. Louisiana State Rice Milling Company
100 So. 2d 914
La. Ct. App. 1st Cir. 1958
Furthermore, in Bean v. Higgins, Inc., , , the Court said: "`* * * The test of total and permanent disability is whether the injured employee is capable of performing the work or the occupation in which he was engaged at the time of injury or whether he is able to do the kind of work he is trained to do or customarily does in the usual and
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Guillory v. Coal Operators Casualty Company
95 So. 2d 201
La. Ct. App. 1st Cir. 1957
See, e. g., Bean v. Higgins, Inc., , .
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Reed v. Calcasieu Paper Co.
93 So. 2d 263
La. Ct. App. 1st Cir. 1957
And the inability to do heavy work requiring lifting or straining without pain, constitutes total disability for a laborer, Bean v. Higgins, Inc., , .
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Jackson v. Steel Fabricators
90 So. 2d 397
La. Ct. App. 1st Cir. 1956
Were it not for the decision of our Supreme Court in Bean v. Higgins, Inc., , , we would be content to say that only a question of fact is involved, i. e., whether plaintiff, as a result of the impairment, is disabled and we would have found it difficult to say that, in deciding that question of fact as he did, the District Judge was manifestly in error.
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Fourchea v. Maloney Trucking and Storage
88 So. 2d 82
La. Ct. App. 1st Cir. 1956
In its opinion in Bean v. Higgins, Inc. (Columbia Casualty Company) , , the Supreme Court said: "* * * Mere numerical numbers of experts is not sufficient for a determination of a decision in any case.