Cited by

Opinions in Louisiana that cite Bertrand v. Coal Operators Casualty Company, 221 So. 2d 816.

140 citing documents.

Mona Leblanc v. Walmart Distribution Center La. Ct. App. 3d Cir. 2024
Bertrand, in accord Deason v. Allstate Ins.
James Clifford Arrant v. Graphic Packaging International, Inc. C/W Marvin Jack Barnett, Jr. v. Graphic Packaging International, Inc. … La. 2015
1972); So.2d 816 (1968).
Arrant v. Graphic Packaging International, Inc. 169 So. 3d 296 La. 2015
Ferguson v. HDE, Inc., , (1968).
Rando v. Anco Insulations Inc. 16 So. 3d 1065 La. 2009
Ferguson v. HDE, Inc., , (1968).
Jordan v. Vice 943 So. 2d 1278 La. Ct. App. 3d Cir. 2006
In fact, , (1968) (on rehearing).
Robert C. Jordan v. Zoie R. Vice La. Ct. App. 3d Cir. 2006
In fact, So.2d 816, 827 (1968) (on rehearing).
Juneau v. Strawmyer 647 So. 2d 1294 La. Ct. App. 4th Cir. 1994
In fact, , (1968) (on rehearing).
Guillory v. Gulf States Utilities 643 So. 2d 488 La. Ct. App. 1st Cir. 1994
at 827 (1969), this Court expressly rejected the proposition that “an accident must either cause or aggravate the disease which is the cause of the disability,” ...
Rothell v. City of Shreveport 626 So. 2d 763 La. Ct. App. 2d Cir. 1993
Arceneaux v. Howard 633 So. 2d 207 La. Ct. App. 1st Cir. 1993
Co., , (1968), both worker's compensation cases.
Hopes v. Domtar Industries 627 So. 2d 676 La. Ct. App. 3d Cir. 1993
Courier Corp., Adams v. New Orleans Public Service, Inc., , (1969).
Canady v. Pynes Chrysler, Inc. 617 So. 2d 566 La. Ct. App. 1st Cir. 1993
Woods v. Borden's Perkins Div. 610 So. 2d 219 La. Ct. App. 3d Cir. 1992
Spinks v. DEPT. OF HEALTH & HUMAN RES. 591 So. 2d 423 La. Ct. App. 3d Cir. 1991
Nelson v. Roadway Exp., Inc. 588 So. 2d 350 La. 1991
(1969); Ferguson v. HDE, Inc., (La.
Dunn v. Allen Pulpwood 565 So. 2d 516 La. Ct. App. 2d Cir. 1990
Emphasizing this fact, his "honesty" in admitting he did not immediately experience low back pain and the trial court's factual findings that a work-related accident occurred and that Dunn is now disabled, Dunn argues he is entitled to the presumption of causal connection
Tucker v. Pony Exp. Courier Corp. 562 So. 2d 897 La. 1990
Clouatre v. Liberty Mutual Insurance Co. 557 So. 2d 696 La. Ct. App. 1st Cir. 1989
Carruthers v. PPG Industries, Inc. 551 So. 2d 1282 La. 1989
1975) (decedent suffered stroke after hauling four loads of rice in non-airconditioned truck in extreme heat); , (1968) (plaintiff suffered permanent disability from heart condition caused by mixing, hauling and pouring concrete under hot sun); Hemphill v. Tremont Lumber Co., 209 La.
Carruthers v. PPG Industries, Inc. 543 So. 2d 472 La. 1989
ent clearly brought on angina pectoris); (decedent died of heart attack after working for three days dismantling a 175-pound pump); Leleux v. Lumbermen’s Mutual Insurance Co., (decedent suffered stroke after hauling four loads of rice in non-airconditioned truck in extreme heat); , (1968) (plaintiff suffered permanent disability from heart condition caused by mixing, hauling and pouring concrete under hot sun); Hemphill v. Tremont Lumber Co., 209 La.
Reed v. Southern Baptist Hosp. 541 So. 2d 233 La. Ct. App. 4th Cir. 1989
1976); Ferguson v. HDE, Inc., , (1968).
Woolsey v. Cotton Bros. Bakery Co., Inc. 535 So. 2d 1119 La. Ct. App. 2d Cir. 1988
The Bertrand [ v. Coal Operators Casualty Company, , (1969)] decision was rendered in 1969 and has been the prevailing law since then.
Houston v. Kaiser Aluminum and Chemical Corp. 531 So. 2d 1129 La. Ct. App. 4th Cir. 1988
Ferguson v. HDE, Inc., , (1968).
Wooley v. STATE EX REL. DHHR 527 So. 2d 573 La. Ct. App. 3d Cir. 1988
1st Cir.1982), affirmed, , (1969).
Wooley v. State ex rel. Department of Health & Human Resources 527 So. 2d 573 La. Ct. App. 1st Cir. 1988
1st Cir.1982), affirmed, , (1969).
DeGruy v. Pala, Inc. 525 So. 2d 1124 La. Ct. App. 1st Cir. 1988
at 827 (1969), this Court expressly rejected the proposition that "an accident must either cause or aggravate the disease which is the cause of the disability,".
Lopez v. United States Fidelity & Guaranty Insurance Co. 524 So. 2d 760 La. Ct. App. 1st Cir. 1988
Guidry v. Sline Industrial Painters, Inc., Adams v. N.O. P.S., Inc.
Allison v. State Farm Fire & Cas. 520 So. 2d 1063 La. Ct. App. 3d Cir. 1987
Gaspard v. State ex rel. Department of Revenue & Taxation 509 So. 2d 523 La. Ct. App. 1st Cir. 1987
an unexpected or unforseen event happening suddenly or violently, with or without human fault, and producing at the time objective symptoms of an injury.” , (1969), medical testimony indicated that the plaintiff had suffered from either angina pectoris or a nodal tachycardia after undergoing physical stress.
Mayeux v. Commercial Union Insurance Companies 492 So. 2d 188 La. Ct. App. 1st Cir. 1986
(1969); Adams v. New Orleans Public Service, Inc.
Sims v. Travelers Indemnity Co. 491 So. 2d 429 La. Ct. App. 1st Cir. 1986
Lott, Inc., Lucas v. Insurance Company of North America, supra at 596; , -28 (1969).
Nix v. City of Houma 488 So. 2d 184 La. 1986
1975); , (On Rehearing) (1969).
Jolibois v. Hartford Acc. & Ind. Co. 486 So. 2d 283 La. Ct. App. 3d Cir. 1986
Guidry v. Sline Industrial Painters, Inc., Bertrand v. Coal Operators Casualty Co., 253 La.1115
Bridges v. Hood Motor Co., Inc. 477 So. 2d 1261 La. Ct. App. 4th Cir. 1985
James v. Celotex Corp. 461 So. 2d 447 La. Ct. App. 1st Cir. 1984
See Allor v. Belden Corp., supra at 1237; Bertrand v. Coal Operators Casualty Co., supra [ , -28 (1969)].” At pages 832, 833.
Walton v. Normandy Village Homes Ass'n 460 So. 2d 1166 La. Ct. App. 2d Cir. 1984
Doyle v. United General Ins. Co. 458 So. 2d 152 La. Ct. App. 3d Cir. 1984
(1969), that when disability or death follows an accident within the course of employment, the disability or death is presumed to arise out of such employment, notwithstanding the fact that a preexisting condition may have contributed to or caused the disability or death.
Fagan v. Delta Steel & Construction Co. 449 So. 2d 1143 La. Ct. App. 1st Cir. 1984
Young v. Hercules, Inc. 449 So. 2d 721 La. Ct. App. 3d Cir. 1984
Blades v. Davis 446 So. 2d 958 La. Ct. App. 1st Cir. 1984
Causation in heart disease cases has thoroughly been discussed by our Supreme Court in the following cases: Roussel, supra; Guidry v. Sline Indus.
Roberts v. Sonic Drive in of Marksville 441 So. 2d 24 La. Ct. App. 3d Cir. 1983
The Guillory court, , (1969), stated: "`The legal criterion in compensation cases involving heart disease should be whether the accident caused a change in the employee's physical condition which is disabling, and not whether the accident changed the diseased organ of the employee.
Taquino v. Sears, Roebuck and Co. 438 So. 2d 625 La. Ct. App. 4th Cir. 1983
Justice Dixon, writing for a 4-3 majority, held the paralysis to be an "injury" , (1969): "Extraordinary physical stress and strain is not essential to the definition of disabling accident: when the performance of the usual and customary duties of a workman cause[s] or contribute[s] to a physical breakdown, the statutory requirements for an accidental injury are present."
Robertson v. Scanio Produce & Institutional Foods, Inc. 435 So. 2d 602 La. Ct. App. 1st Cir. 1983
Brasseaux v. Argonaut Ins. Co. 432 So. 2d 1153 La. Ct. App. 3d Cir. 1983
Pennington v. Reading & Bates Construction Co. 432 So. 2d 1173 La. Ct. App. 1st Cir. 1983
the leading case insofar as establishing the rebut-table causation presumption between the occurrence of an accident and the onset of disability.7 That case in no way lessened the requirement of proving a causal relationship between the employment and the accident.
McCoy v. Kroger Co. 431 So. 2d 824 La. Ct. App. 2d Cir. 1983
Beauclair v. Rockwood Insurance 430 So. 2d 346 La. Ct. App. 1st Cir. 1983
The criterion for causal connection between the accident and the disability is: ‘has the accident changed the plaintiff’s condition so as to render him disabled and unfit for his former employment.’ Bertrand [v. Coal Operators Casualty Company], supra [ ] 221 So.2d [816] at 827.
Martin v. Pala, Inc. 439 So. 2d 1094 La. Ct. App. 1st Cir. 1983
This simple guide, , (1969)
Celestin v. Fireman's Fund Ins. Co. 430 So. 2d 1263 La. Ct. App. 1st Cir. 1983
Lott, Inc., Lucas v. Insurance Company of North America, supra at 596; , -28 (1969).
Gipson v. Dresser Industrial Valve Operations 428 So. 2d 1338 La. Ct. App. 1st Cir. 1983
at 827 (1969), this Court expressly rejected the proposition that ‘an accident must either cause or aggravate the disease which is the cause of the disability,’ a proposition which had been espoused in Nickelberry v. Ritchie Grocer, 196 La.