Cited by
Opinions in Louisiana that cite Ferguson v. HDE, Inc., 270 So. 2d 867.
- Daney v. Argonaut Ins. Co. 421 So. 2d 331 La. Ct. App. 1st Cir. 1982
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Adams v. New Orleans Public Service, Inc.
418 So. 2d 485
La. 1982
This court had occasion to discuss at length the meaning of these terms in Ferguson v. HDE, Inc.
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Gremillion v. Babst Services, Inc.
418 So. 2d 637
La. 1982
Ferguson v. HDE, Inc., (La.
- Guillory v. US Fidelity & Guar. Ins. Co. 420 So. 2d 119 La. 1982
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Guidry v. Sline Indus. Painters, Inc.
418 So. 2d 626
La. 1982
Three years later, Bertrand was cited in Ferguson v. HDE, Inc., at 869 (La.1972) for the proposition that extraordinary physical stress and strain is not essential to the definition of disabling accident: when the performance of *631 the usual and customary duties of a workman cause or contribute to a physical breakdown, the statutory requirements for an accidental injury are pres
- Melder v. Century Tel. Enterprises 413 So. 2d 1325 La. Ct. App. 3d Cir. 1982
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Beaty v. Thiokol Corp.
414 So. 2d 1292
La. Ct. App. 2d Cir. 1982
Ferguson v. HDE, Inc., Francis v. Gerlach Meat Company, Inc., writ denied, (La.
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Guidry v. SLINE INDUS. PAINTERS, INC.
406 So. 2d 303
La. Ct. App. 3d Cir. 1982
The Adams Court reviewed their previous pronouncements in Bertrand, , and Roussel, , and almost academically held that the plaintiff in Adams was entitled to benefits.
- McDonald v. Intern. Paper Co. 406 So. 2d 582 La. 1981
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Overruled
Rayfield ex rel. Rayfield v. City of New Orleans
398 So. 2d 1243
La. Ct. App. 1st Cir. 1981
Danziger was overruled by Ferguson v. HDE, Inc., only to the extent that Danziger held there can be no accident and no injury when the disability results solely from extraordinary mental or emotional causes.
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Harrison v. Morgan Portable Building Corp.
400 So. 2d 1140
La. Ct. App. 1st Cir. 1981
23:1021(6); Ferguson v. HDE, Inc.
- Miller v. Olinkraft, Inc. 395 So. 2d 902 La. Ct. App. 2d Cir. 1981
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Harper v. Kast Metals Corp.
397 So. 2d 529
La. Ct. App. 2d Cir. 1981
Ferguson v. HDD, Inc., at 869 (La.1972).
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Ferrand v. Kaiser Aluminum & Chemical Corp.
398 So. 2d 37
La. Ct. App. 4th Cir. 1981
Ferguson v. HDE, Inc., Bertrand v. Coal Operators Casualty Co., 253 La.
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Hall v. Georgia-Pacific Corp.
390 So. 2d 948
La. Ct. App. 2d Cir. 1980
Ferguson v. HDE, Inc., La., (1972).
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Taylor v. Pullman Kellogg Corp.
387 So. 2d 1267
La. Ct. App. 1st Cir. 1980
The final two cases that we will consider, Ferguson v. HDE, Inc., (La.
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Rowland v. Continental Oil Co., Inc.
374 So. 2d 734
La. Ct. App. 3d Cir. 1979
23:1021(1) and (7); Ferguson v. HDE, Inc., Bertrand v. Coal Operators Casualty Company, 253 La.
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Lonzo v. Holsum Bakeries, Inc.
363 So. 2d 1280
La. Ct. App. 1st Cir. 1978
Louisiana Revised Statute 23:1021; Ferguson v. H. D. E., Inc.
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Quine v. Ideal Cement Co.
351 So. 2d 1303
La. Ct. App. 1st Cir. 1978
Ferguson v. HDE, Inc., Bertrand v. Coal Operators Casualty Co., 253 La.
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Jacob v. Godchaux-Henderson Sugar Co., Inc.
350 So. 2d 274
La. Ct. App. 4th Cir. 1977
285 , (1969); Ferguson v. HDE, Inc., , (1972).
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Fields v. Sperry Rand Corp.
343 So. 2d 339
La. Ct. App. 2d Cir. 1977
acute bronchitis; stroke; Ferguson v. HDE, Inc., (La.
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Distinguished
Landreneau v. Travelers Insurance Co.
345 So. 2d 177
La. Ct. App. 1st Cir. 1977
In Ferguson v. HDE, Inc., for instance, the claimant sustained a stroke as the result of “emotional shock or excitement” which occurred when he engaged in an angry discourse with his employer concerning his pay.
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Chatelain v. American Can Co.
344 So. 2d 1180
La. Ct. App. 4th Cir. 1977
Ferguson v. HDE, Inc., Bertrand v. Coal Operators Casualty Company, 253 La.
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Griffin v. Crown Zellerbach Corp.
345 So. 2d 84
La. Ct. App. 1st Cir. 1977
Ferguson v. HDE, Inc., supra, , (1972), and Bertrand v. Coal Operators Casualty Company, supra.” On the question of causal relationship between an accident and the employee’s work, in cases of this nature, we note the following language in LeLeux, above: “The causal relation may be inferred when there is proof of an accident during t
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DeCuir v. Old Republic Life Insurance
342 So. 2d 705
La. Ct. App. 1st Cir. 1977
The decision of the trial court contradicts the letter and spirit of Jennings v. Louisiana Southern Life Insurance Company, La., ; Ferguson v. H.D.E., Inc., La., .
- Lay v. Allied Chemical Corp. 340 So. 2d 1076 La. Ct. App. 1st Cir. 1976
- Parks v. Insurance Co. of North America 340 So. 2d 276 La. 1976
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Williams v. Sherwood Homes, Inc.
333 So. 2d 756
La. Ct. App. 1st Cir. 1976
The trial judge applied the three part test set forth in Ferguson v. HDE, Inc., , (1972).
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Conner v. Travelers Insurance Company
324 So. 2d 903
La. Ct. App. 3d Cir. 1976
Ferguson v. HDE, Inc., Bertrand v. Coal Operators Casualty Company, 253 La.
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Barnes v. City of New Orleans
322 So. 2d 821
La. Ct. App. 4th Cir. 1976
23:1031, Ferguson v. HDE, Inc., La.1972, ; Leleux v. Lumbermen's Mut.
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Leleux v. Lumbermen's Mutual Insurance Company
318 So. 2d 15
La. 1975
See Ferguson v. HDE, Inc., supra [ , (1972)]; Bertrand v. Coal Operators Casualty Company, 253 La.
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Francis v. Gerlach Meat Company, Inc.
319 So. 2d 534
La. Ct. App. 2d Cir. 1975
We are guided by the principles set forth in Ferguson v. HDE, Inc.
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Rachal v. Tennessee Gas Pipeline Company
308 So. 2d 459
La. Ct. App. 3d Cir. 1975
Thereafter, the Supreme Court handed down Ferguson v. HDE, Inc.
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Gorbach v. Prager, Inc.
310 So. 2d 604
La. 1975
23:1031; Prim v. City of Shreveport, La., (1974); Ferguson v. HDE, Inc., , (1972).
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Leleux v. Lumbermen's Mutual Insurance
308 So. 2d 527
La. Ct. App. 1st Cir. 1975
Within the meaning of this statute there can be no doubt that Leleux suffered an “accident” and that he was “[with]in the course of his employment.” In Ferguson v. H.D.E., Inc., (1972), our Supreme Court specifically held that a stroke was an accident within' the meaning of the Workmen’s Compensation Act.
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Gotte v. Cities Service Oil Company
298 So. 2d 920
La. Ct. App. 3d Cir. 1974
This conclusion is further buttressed by the recent pronouncement of the Supreme Court in Ferguson v. Hde, Inc., (1972), wherein the court stated: "[W]hen the performance of the usual and customary duties of a workman cause or contribute to a physical breakdown, the statutory requirements for an accidental injury are present."
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Campbell v. Kansas City Southern Railroad Co.
297 So. 2d 798
La. Ct. App. 4th Cir. 1974
[4] Danziger has been modified by Ferguson v. H. D. E., Inc., which overruled Danziger on the specific point of whether or not a person may recover under workmen's compensation when the disability results solely from extraordinary mental or emotional causes.
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Prim v. City of Shreveport
297 So. 2d 421
La. 1974
23:1031; Ferguson v. HDE, Inc., La., (1972).
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Lyons v. Crescent Construction Co.
293 So. 2d 244
La. Ct. App. 1st Cir. 1974
Yes, that’s reasonable.” In the recent case of Ferguson v. HDE, Inc., , (1972), the Court said: “It is well established in Louisiana that 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 or contribute to a physical breakdown, the statutory requirement
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Jennings v. Louisiana and Southern Life Ins. Co.
290 So. 2d 811
La. 1974
In Ferguson v. HDE, Inc. a "stroke" was held to be a "personal injury by accident" and compensable.
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Clement v. FAUCHEUX CHEVROLET COMPANY, INC.
285 So. 2d 276
La. Ct. App. 4th Cir. 1974
[5] Ferguson v. HDE, Inc.
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Hartsell v. Hooker Chemical Corp.
288 So. 2d 417
La. Ct. App. 1st Cir. 1973
1115 , ; Ferguson v. HDE, Inc., La.1972, .
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Dupuy v. Parish Contractors, Inc.
275 So. 2d 872
La. Ct. App. 4th Cir. 1973
It is no longer disputed that plaintiff's heart attack on the job was an accident (see Ferguson v. HDE, Inc., 1973, La., ) which has, for workmen's compensation purposes, totally and permanently disabled plaintiff.
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Ferguson v. HDE, Inc.
274 So. 2d 783
La. Ct. App. 3d Cir. 1973
Ferguson v. HDE, Inc., La., (1972), Supreme Court Docket No. 52044.