Cited by

Opinions in Louisiana that cite Ball v. American Marine Corporation, 159 So. 2d 138.

41 citing documents.

Dauzat v. Gregory & Cook, Inc. 454 So. 2d 807 La. 1984
Brown v. Avondale Shipyards, Inc. 422 So. 2d 256 La. Ct. App. 1st Cir. 1982
Dusang v. Henry C. Beck Builders, Inc. 389 So. 2d 367 La. 1980
Booker v. Avondale Shipyards, Inc. 389 So. 2d 84 La. Ct. App. 1st Cir. 1980
The test applied to a common laborer is that he is “considered as totally and permanently disabled within the meaning of the compensation statute if the injury has substantially decreased his ability to compete with able-bodied workers in a flexible general labor market.” Walker v. Gaines v. Wilson & Son, Inc.
Dufrene v. St. Charles Parish Police Jury 371 So. 2d 378 La. Ct. App. 4th Cir. 1979
[3] , ; Flowers v. E. M. Toussel Oil Co., supra, note 1.
Duffour v. Hartford Cas. Ins. Co. 359 So. 2d 720 La. Ct. App. 4th Cir. 1978
Wallace v. Goodyear Tire & Rubber Co. 343 So. 2d 382 La. Ct. App. 1st Cir. 1977
4 Cir. 1963, , aff’d , (10% of body); Hammond, supra (10% of back); Cormier v. Zigler Ship yards, La.App.
Upchurch v. Bituminous Insurance Co. 340 So. 2d 627 La. Ct. App. 1st Cir. 1976
James v. Jake Tusa’s Restaurant and Bar, , (1963); Washington v. Independent Ice and Cold Storage Company, 211 La.
Walker v. Gaines P. Wilson & Son, Inc. 340 So. 2d 985 La. 1976
Lewis v. St. Charles Parish Hosp. Serv. Dist. 337 So. 2d 1137 La. 1976
(1963); Malone, Louisiana Workmen's Compensation Law, Section 275 (1951; 1964 Supplement).
Hardy v. Mercy Hospital of New Orleans 336 So. 2d 959 La. Ct. App. 1st Cir. 1976
Permanent disability to work without substantial pain supports an award for total permanent disability, Ball v. American Marine Corp., 1963, , .
Farrar v. Guy Atkinson Company 325 So. 2d 893 La. Ct. App. 2d Cir. 1976
See Malone, supra, section 278, 1964 Supp.; also, , (1964); (La.App.
Dupard v. M & C CONSTRUCTION CO. 312 So. 2d 660 La. Ct. App. 4th Cir. 1975
Williams v. Hudson East, supra ; , (1963).
Bryant v. Travelers Insurance Co. 314 So. 2d 379 La. Ct. App. 1st Cir. 1975
(1964); Olivier v. Liberty Mut.
Mitchell v. Litwin Corp. 304 So. 2d 725 La. Ct. App. 1st Cir. 1974
Sanders v. Boh Bros. Construction Co. 304 So. 2d 812 La. Ct. App. 1st Cir. 1974
Breaux v. Kaplan Rice Mill, Inc. 280 So. 2d 923 La. Ct. App. 3d Cir. 1973
Simien v. Haas-Hirsch Estate 278 So. 2d 836 La. Ct. App. 1st Cir. 1973
Our jurisprudence is established that even though a common laborer is not completely incapacitated, he is considered totally and permanently disabled within the meaning of the statute if he is no longer able to compete with able bodied workers in the flexible common labor market, , (1964) and the authorities cited therein.
Haywood v. Eastern Associated Terminals Co. 276 So. 2d 328 La. Ct. App. 1st Cir. 1973
In our judgment, the test is whether his “injury has substantially decreased his ability to compete with ablebodied workers in the flexible general labor market”, , (1963).
Charleston v. Veri-Fresh Poultry Company, Inc. 273 So. 2d 712 La. Ct. App. 1st Cir. 1973
Dalson v. Hartford Insurance Group 269 So. 2d 252 La. Ct. App. 1st Cir. 1972
*253 Plaintiff’s argument is that, despite his current employment, he is entitled as a common laborer to maximum compensation because his “injury has substantially decreased his ability to compete with able-bodied workers in the flexible general labor market”, , , (1963).
Ory v. Metal Building Products Co. 265 So. 2d 338 La. Ct. App. 1st Cir. 1972
(1963); Glidden v. Alexandria Concrete Company, 242 La.
Cormier v. Zigler Shipyards 264 So. 2d 236 La. Ct. App. 1st Cir. 1972
4 Cir. 1967); , (1964); (La.App.
Perkins v. Southern Casualty Insurance 262 So. 2d 791 La. Ct. App. 1st Cir. 1972
4 Cir. 1971) ; , (1963).
Williams v. Hudson East 261 So. 2d 629 La. 1972
(1963); Glidden v. Alexandria Concrete Co., 242 La.
Distinguished Dixson v. P. P. G. Industries, Inc. 253 So. 2d 607 La. Ct. App. 1st Cir. 1971
Hayden v. Red Ball Motor Freight, Inc. 230 So. 2d 661 La. Ct. App. 1st Cir. 1970
Ventress v. Danel-Ryder, Inc. 225 So. 2d 765 La. Ct. App. 3d Cir. 1969
Jones v. Aetna Casualty & Surety Co. 232 So. 2d 309 La. Ct. App. 1st Cir. 1969
the Supreme Court of this State said: “There seems to be no dispute as to the law applicable to the case.
Clark v. Maryland Casualty Co. 223 So. 2d 171 La. Ct. App. 1st Cir. 1969
Broussard v. City of Baton Rouge 216 So. 2d 600 La. Ct. App. 1st Cir. 1968
See Ball v. American Marine Corporation (1963) , .
Goodwin v. Aldrich 207 So. 2d 569 La. Ct. App. 1st Cir. 1968
(1964) as follows : “It is well settled that even though a common laborer is not completely incapacitated, he may nevertheless be considered as totally and permanently disabled within the meaning of the com *571 pensation statute if the injury has substantially decreased his ability to compete with abl
Hammond v. Sewerage & Water Board of New Orleans 204 So. 2d 699 La. Ct. App. 4th Cir. 1967
4th Cir. 1963), and affirmed by the Supreme Court at , .
Jarrell v. Maryland Casualty Co. 200 So. 2d 332 La. Ct. App. 1st Cir. 1967
(1964) and the following language therein: “There seems to be no dispute as to the law applicable to the case.
Banks v. Almond Bros. Lumber & Supply, Inc. 200 So. 2d 713 La. Ct. App. 1st Cir. 1967
Flowers v. EM Toussel Oil Co. 190 So. 2d 147 La. Ct. App. 4th Cir. 1966
Glidden v. Alexandria Concrete Company, 242 La.
Jones v. Crescent Construction Co. 192 So. 2d 212 La. Ct. App. 1st Cir. 1966
The Supreme Court in Ball *215 v. American Marine Corporation, , said: “* * * it is well settled that even though a common laborer is not completely incapacitated, he may nevertheless be considered as totally and permanently disabled within the meaning of the compensation statute if the injury has substantially decreased his ability to compete with able bodied worke
Jones v. Pearce & LeBlanc Contracting Co. 188 So. 2d 215 La. Ct. App. 1st Cir. 1966
161 , ; Hunter v. Continental Casualty Co., La.App., ; Manuel v. Southern Farm Bureau Casualty Insurance Co., La.App., ; , .
Johnson v. RP Farnsworth and Company 186 So. 2d 405 La. Ct. App. 1st Cir. 1966
Funderburk v. Southwestern Iron Corp. 180 So. 2d 4 La. Ct. App. 1st Cir. 1965
275, p. 334.” [ , -139 (1963)] The wages paid by the defendant to plaintiff were at the rate of .75‡ for each motor cleaned, the employment being solely on a “piece-work” basis.
Lavergne v. Southern Farm Bureau Casualty Ins. Co. 171 So. 2d 751 La. Ct. App. 3d Cir. 1965
747 , ; , ; Jackson v. Bituminous Casualty Corp., La.