Cited by

Opinions in Louisiana that cite Cutno v. Neeb Kearney & Company, 112 So. 2d 628.

32 citing documents.

Patricia Matthews v. Big Easy Janitorial, L.L.C., and Louisiana Construction and Industry Self Insurers Fund La. Ct. App. 4th Cir. 2022
1992) (quoting Cutno v. Neeb Kearney & Co., 112 So.
David Pizzati v. Ds Services of America, Inc. and Safety National Casualty Corporation La. Ct. App. 4th Cir. 2022
Indeed, it is well-settled that an “accident” exists when “heavy lifting or other strenuous efforts, although usual and customary, cause or contribute to a physical breakdown or accelerate its occurrence because of a pre- existing condition.” Cutno v. Neeb Kearney & Co., So.2d 628, 631 (1959); Nelson [v. Roadway Express Inc., (La.
James H. Evans, Jr. v. International Paper Company La. Ct. App. 3d Cir. 2020
at 360 (quoting Cutno v. Neeb Kearney & Co., So.2d 628, 631 (1959)).
Hill v. Iasis Glenwood Regional Medical 195 So. 3d 536 La. Ct. App. 2d Cir. 2016
Bruno v. Harbert Int’l Inc., supra; Cutno v. Neeb Kearney & Co., , (1959).
Henry Marange, Jr. v. Custom Metal Fabricators, Inc. La. Ct. App. 3d Cir. 2011
Indeed, it is well-settled in Louisiana that an “accident” exists when “heavy lifting or other strenuous 11 efforts, although usual and customary, cause or contribute to a physical breakdown or accelerate its occurrence because of a pre-existing condition.” Cutno v. Neeb Kearney & Co., So.2d 628, 631 (1959); Nelson [v. Roadway Express, Inc., ] (collecting cases).
Marange v. Custom Metal Fabricators, Inc. 75 So. 3d 990 La. Ct. App. 1st Cir. 2011
Indeed, it is well-settled in Louisiana that an “accident” exists when “heavy lifting or other strenuous | ^efforts, although usual and customary, *999 cause or contribute to a physical breakdown or accelerate its occurrence because of a pre-existing condition.” Cutno v. Neeb Kearney & Co., , (1959); Nelson [v. Roadway Express, Inc., ] (collecting cases).
Authement v. Wal-Mart 857 So. 2d 564 La. Ct. App. 1st Cir. 2003
(citing Cutno v. Neeb Kearney & Co., , (1959)).
Rodriguez v. Freeman Decorating Co. 799 So. 2d 517 La. Ct. App. 1st Cir. 2001
Indeed, it is well-settled in Louisiana that an “accident” exists when “heavy lifting or other strenuous efforts, although usual and customary, cause or contribute to a physical breakdown or accelerate its occurrence because of a pre-existing condition.” Cutno v. Neeb Kearney & Co., , (1959); Nelson [v. Roadway Express, Inc., (1991)], supra (collecting cases).
Holmes v. J.E. Merit Constructors, Inc. 702 So. 2d 1126 La. Ct. App. 1st Cir. 1997
Cu tno v. Neeb Kearney & Co., Inc., , (1959)(Cutno interprets the former La.R.S.
Brewington v. Summit Institute 689 So. 2d 498 La. Ct. App. 1st Cir. 1997
See also, Cutno v. Neeb Kearney & Company, Inc. [ ]
Ceasar v. Crispy Cajun Restaurant 643 So. 2d 471 La. Ct. App. 3d Cir. 1994
Cutno v. Neeb Kearney & Co., , (1959); Nelson [v. Roadway Express, Inc., ], supra (collecting cases).
Bolton v. Angelle Concrete 631 So. 2d 110 La. Ct. App. 1st Cir. 1994
Cutno v. Neeb Kearney & Company, , (1959).
Robinson v. Travelers Ins. Co. 619 So. 2d 1261 La. Ct. App. 3d Cir. 1993
Parks, supra; Chism, supra; Cutno v. Neeb Kearney & Co., Inc.
Vincent v. Browning-Ferris, Inc. 615 So. 2d 47 La. Ct. App. 1st Cir. 1993
Indeed, it is well-settled in Louisiana that an “accident” exists when “heavy lifting or other strenuous efforts, although usual and customary, cause or contribute to a physical breakdown or accelerate its occurrence because of a pre-existing condition.” Cutno v. Neeb Kearney & Co., , (1959); Nelson [v. Roadway Express, Inc.] supra [ ] (collecting cases).
Roszell v. National Union Fire Ins. Co. 602 So. 2d 87 La. Ct. App. 3d Cir. 1992
Cutno v. Neeb Kearney & Co., , (1959); Nelson, supra (collecting cases).
Bruno v. Harbert Intern. Inc. 593 So. 2d 357 La. 1992
Cutno v. Neeb Kearney & Co., , (1959); Nelson, supra (collecting cases).
Loyd v. IMC Fertilizer, Inc. 557 So. 2d 1078 La. Ct. App. 2d Cir. 1990
Cutno v. Neeb Kearney & Co.
Bracey v. Alexandria Transfer & Storage Co. 340 So. 2d 709 La. Ct. App. 1st Cir. 1976
Plaintiff asserts that he is entitled to compensation for total and permanent disability from his former employer on alternate grounds: (1) that his disability is com-pensable because it resulted from heavy *711 lifting or other strenuous efforts which caused or contributed to the physical breakdown of a pre-existing condition, citing Cutno v. Neeb Kearney & Company, , (1959) and Hemphill v. Tremont Lumber Company, 209 La.
Henderson v. Core Construction Company 295 So. 2d 874 La. Ct. App. 1st Cir. 1974
Our Supreme Court, with Justice Hawthorne speaking for the Court, said in Cutno v. Neeb Kearney & Company, , , at page 631: "[4, 5] It is now well settled in Louisiana that the legal requirements are present to constitute an accident and an injury is compensable under our workmen's compensation statute where excessive heat, heavy lifting or other strenuous efforts, although usual and customary, cause of contr
White v. EA Caldwell Contractors, Inc. 276 So. 2d 762 La. Ct. App. 3d Cir. 1973
2 Cir. (1947); Cutno v. Neeb Curney & Company, Inc., et al., , (1959)
Allen v. Freiler Industries, Inc. 246 So. 2d 327 La. Ct. App. 1st Cir. 1971
Jarvis v. Fidelity & Casualty Co. of New York 182 So. 2d 747 La. Ct. App. 1st Cir. 1966
In Cutno v. Neeb Kearney & Company, , the claimant after a hard day’s work suffered a perforation of a duodenal ulcer.
Duhon v. Pittsburg Plate Glass Co. 179 So. 2d 469 La. Ct. App. 1st Cir. 1965
Cutno v. Neeb Kearney & Co., , ; Hemphill v. Tremont Lumber Co., 209 La.
Comoletti v. Ideal Cement Company 147 So. 2d 711 La. Ct. App. 1st Cir. 1962
We note that in Cutno v. Neeb Kearney & Company, , , the Supreme Court found that the weight of the medical testimony therein established that the strain of heavy work can cause or hasten perforation of a duodenal ulcer.
Darden v. Henry E. Johnson, Inc. 145 So. 2d 75 La. Ct. App. 1st Cir. 1962
Cutno v. Neeb Kearney & Company, , ; Talbot v. Trinity Universal Insurance Company, La.App., ; Finn v. Delta Drilling Company, La.App., ; Monk v. Louisiana Forestry Commission, La.App., .
Porche v. Reliable Battery Co. 145 So. 2d 655 La. Ct. App. 1st Cir. 1962
Learned counsel for appellant contends that the trial court erred in deciding this cause adversely to appellant solely on the ground that the court found and held there was a lack of notice whereas the jurisprudence of this state was established in Cutno v. Neeb Kearney & Company, Inc., , , to the effect that lack of notice is not fatal to a claim for compensation unless the employer can establish that his rights were prejudiced by the undue delay in giving notice of the accident and resulti
Vidrine v. New Amsterdam Casualty Co. 137 So. 2d 666 La. Ct. App. 1st Cir. 1962
Workmen’s Compensation Law, yet,, if an employee had a pre-existing heart condition which is aggravated by his-work, excessive heat, intense hard labor, sudden fright or attack, or any other stress that might aggravate such condition and cause disability or death, such-resulting disability or death would be compensable under the statute.’ See also the case of Cutno v. Neeb-Kearney & Company, , .
Thomas v. Aetna Casualty & Surety Co. 135 So. 2d 505 La. Ct. App. 1st Cir. 1961
cases where the principle has been adopted and in which recovery was allowed, we find *507 Spivey v. Aetna Casualty & Surety Co. (disability from heart attack), La.App., (4th Circuit, 1961, certoriari denied); McKnight v. Clemons (aggravation of heart condition), La.App., (1st Circuit, 1959); Cutno v. Neeb Kearney & Company (aggravation of pre-existing ulcer), , ; Brian v. Employers Casualty Co. (death from heart attack), La.App., (2nd Circuit, 1959, certiorari denied); Guillory v. Reime
Andrepont v. Calcasieu Paper Company 131 So. 2d 585 La. Ct. App. 3d Cir. 1961
23:1021 et seq., yet, if an employee had a pre-existing heart condition which is aggravated by his work, excessive heat, intense hard labor, sudden fright or attack, or any other stress that might aggravate such condition and cause disability or death, such resulting disability or death would be compensable under the statute.'" See also: , .
Finn v. Delta Drilling Company 121 So. 2d 340 La. Ct. App. 1st Cir. 1960
Cutno v. Neeb Kearney & Co., , ; Talbot v. Trinity Universal Ins.
Circello v. Haas & Haynie Corp. 116 So. 2d 144 La. Ct. App. 1st Cir. 1959
Cutno v. Neeb Kearney & Co., , ; Hemphill v. Tremont Lumber Co., 209 La.
McKnight v. Clemons 114 So. 2d 114 La. Ct. App. 1st Cir. 1959
See also Cutno v. Neeb Kearney & Co., La., ; Talbot v. Trinity Universal Ins.