Cited by
Opinions in Louisiana that cite Parks v. Insurance Co. of North America, 340 So. 2d 276.
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Glenn Hankel Versus Jefferson Parish Fire Department
La. Ct. App. 5th Cir. 2020
Thereafter Louisiana courts, in interpreting the 1914 statute and its amendment in 1918, included certain occupational illnesses and diseases in their classification of “accidents.” (La.
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James Clifford Arrant v. Graphic Packaging International, Inc. C/W Marvin Jack Barnett, Jr. v. Graphic Packaging International, Inc. …
La. 2015
nt of the industrial revolution and growing number and types of diseases arising from work-related activities, a liberal interpretation was given to the statute which “effectuated its beneficent purpose of relieving workmen of the economic burden of work-connected injuries by diffusing the costs in channels of commerce.” (La.
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Arrant v. Graphic Packaging International, Inc.
169 So. 3d 296
La. 2015
ated “accidents,” with the advancement of the industrial revolution and growing number and types of diseases arising from work-related activities, a liberal interpretation was given to the statute which “effectuated its beneficent purpose of relieving workmen of the economic burden of work-connected injuries by diffusing the costs in channels of commerce.”
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George McCarthy v. Entergy Gulf States, Inc.
La. Ct. App. 3d Cir. 2011
Murphy relies upon several cases, none of which involve hearing loss, to support the theory that previous versions of the LWCA covered gradual hearing loss due to occupational noise exposure: Ferguson v. HDE, Inc., (stroke compensable under LWCA because it happened ―suddenly and violently‖); (bronchitis compensable under the LWCA because the illness ―was unexpected and unforeseen and occurred suddenly producing at the time objective symptoms‖); (La.App.
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McCarthy v. Entergy Gulf States, Inc.
82 So. 3d 336
La. Ct. App. 1st Cir. 2011
itted)(third alteration in original): Murphy relies upon several cases, none of which involve hearing loss, to support the theory that previous versions of the LWCA covered gradual hearing loss due to occupational noise exposure: Ferguson v. HDE, Inc., (stroke compensable under LWCA because it happened “suddenly and violently”); (bronchitis compen-sable under the LWCA because the illness “was unexpected and unforeseen and occurred suddenly producing at the time objective symptoms”); (La.
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Becker v. Murphy Oil Corp.
70 So. 3d 885
La. Ct. App. 1st Cir. 2011
Murphy relies upon several cases, none of which involve hearing loss, to support the theory that previous versions of the LWCA covered gradual hearing loss due to occupational noise exposure: Ferguson v. HDE, Inc., *909 (stroke compensable under LWCA because it happened “suddenly and violently”); (bronchi-tis compensable under LWCA because the illness “was unexpected and unforeseen and occurred suddenly producing at the time objective symptoms”); (La.App.
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Rando v. Anco Insulations Inc.
16 So. 3d 1065
La. 2009
ated “accidents,” with the advancement of the industrial revolution and growing number and types of diseases arising from work-related activities, a liberal interpretation was given to the statute which “effectuated its beneficent purpose of relieving workmen of the economic burden of work-connected injuries by diffusing the costs in channels of commerce.”
- Darryl Hinnard v. Securitas Security Services USA, Inc. La. Ct. App. 3d Cir. 2007
- Brenda White v. Phoenix Pharmacy La. Ct. App. 3d Cir. 2004
- White v. Phoenix Pharmacy 870 So. 2d 592 La. Ct. App. 3d Cir. 2004
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Scarlet C. Adams v. Temple Inland - Louisiana
La. Ct. App. 3d Cir. 2003
See Williams, 546 So.2d at 156; Ferguson v. HDE, Inc.
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Adams v. TEMPLE INLAND, LA
858 So. 2d 855
La. Ct. App. 3d Cir. 2003
See Williams, 546 So.2d at 156 ; (La.
- Dunn v. Riverview Medical Center 822 So. 2d 736 La. Ct. App. 1st Cir. 2002
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Partin v. Merchants & Farmers Bank
810 So. 2d 1118
La. 2002
See Williams, 546 So.2d at 156 ; Ferguson v. HDE, Inc.
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Seal v. Gaylord Container Corp.
704 So. 2d 1161
La. 1997
As discussed above, Gaylord contested Seal's claim for benefits based upon its belief that, Seal was not disabled.
- Bandy v. International Paper Co. 690 So. 2d 902 La. Ct. App. 2d Cir. 1997
- Sevin v. Schwegmann Giant Supermarkets, Inc. 652 So. 2d 1323 La. 1995
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Smith v. Tudor Const.
637 So. 2d 666
La. Ct. App. 2d Cir. 1994
Bridges, supra at 1265 , citing
- Quinones v. United States Fidelity & Guaranty Co. 634 So. 2d 329 La. 1994
- Robinson v. Travelers Ins. Co. 619 So. 2d 1261 La. Ct. App. 3d Cir. 1993
- Roszell v. National Union Fire Ins. Co. 602 So. 2d 87 La. Ct. App. 3d Cir. 1992
- Nelson v. Roadway Exp., Inc. 588 So. 2d 350 La. 1991
- Williams v. Regional Transit Authority 546 So. 2d 150 La. 1989
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Sparks v. Tulane Med. Ctr. Hosp. & Clinic
546 So. 2d 138
La. 1989
See, (inhalation of fumes and lint caused chronic bronchitis, which in turn caused "violence" to the employee's body); Cannella v. Gulf Refining Co., 154 So.
- Reed v. Southern Baptist Hosp. 541 So. 2d 233 La. Ct. App. 4th Cir. 1989
- Hamilton v. Southern Plastics, Inc. 535 So. 2d 1016 La. Ct. App. 2d Cir. 1988
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Houston v. Kaiser Aluminum and Chemical Corp.
531 So. 2d 1129
La. Ct. App. 4th Cir. 1988
Ferguson v. HDE, Inc., Bertrand v. Coal Operators Casualty Co., 253 La.
- Westley v. Land & Offshore 523 So. 2d 812 La. 1988
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Lopez v. United States Fidelity & Guaranty Insurance Co.
524 So. 2d 760
La. Ct. App. 1st Cir. 1988
Guidry v. Sline Industrial Painters, Inc., supra
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Holiday v. Borden Chemical
508 So. 2d 1381
La. 1987
[3] Gorbach v. Prager, Inc.
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Reid v. Gamb, Inc.
509 So. 2d 995
La. 1987
Guidry v. Sline, supra; and Roussel, supra.
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Pearce v. George P. Reintjes Co.
493 So. 2d 892
La. Ct. App. 1st Cir. 1986
the Supreme Court denied recovery to a seamstress who alleged that cloth dust at work aggravated her bronchitis.
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Youngblood v. Rotor Aids, Inc.
491 So. 2d 132
La. Ct. App. 1st Cir. 1986
McDonald v. International Paper Co., supra.
- Boren v. Louisiana Pacific Corp. 486 So. 2d 1190 La. Ct. App. 3d Cir. 1986
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Broussard v. Morton Chemical Co.
478 So. 2d 748
La. Ct. App. 1st Cir. 1985
In Parks v. Insurance Company of North America, et al., the Supreme Court granted compensation to a seamstress who, though predisposed to bronchitis, contracted bronchitis from continuous contact with the dust and lint routinely found where she worked.
- Bridges v. Hood Motor Co., Inc. 477 So. 2d 1261 La. Ct. App. 4th Cir. 1985
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Harris v. Trailways Southern Lines, Inc.
467 So. 2d 109
La. Ct. App. 1st Cir. 1985
See Gotte v. Cities Service Oil Company, supra
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Lester v. Southern Cas. Ins. Co.
466 So. 2d 25
La. 1985
Danielsen v. Security Van Lines, Inc., 245 La.
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James v. Celotex Corp.
461 So. 2d 447
La. Ct. App. 1st Cir. 1984
“Furthermore, ‘[i]t is immaterial that the disability could have been brought on by causes other than a work-related trauma, if, in fact, trauma on the job which meets the standards of accidental injury is a disabling factor....’
- Hopson v. Garner Bros. Masonry Contractors, Inc. 459 So. 2d 577 La. Ct. App. 1st Cir. 1984
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Sanders v. Mid-South Trucking, Inc.
458 So. 2d 988
La. Ct. App. 2d Cir. 1984
Following the lead of each counsel who couched their respective argument in terms of whether claimant suffered personal inju *989 ry by accident within the meaning of LRS 23:1021, 1031, (La.App.
- Adams v. Stone & Webster Engineering Corp. 457 So. 2d 228 La. Ct. App. 1st Cir. 1984
- McCoy v. Kroger Co. 431 So. 2d 824 La. Ct. App. 2d Cir. 1983
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Celestin v. Fireman's Fund Ins. Co.
430 So. 2d 1263
La. Ct. App. 1st Cir. 1983
Bertrand v. Coal Operators Casualty Company, 253 La.
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Cook v. Marshall Bros. Lincoln-Mercury, Inc.
427 So. 2d 655
La. Ct. App. 1st Cir. 1983
our Supreme Court recognized the health problems traditionally termed diseases (bronchitis, heart disease, stroke or heat stroke) are compen-sable accidents if the workman’s job duties aggravate the pre-existing condition.
- Hebert v. Lake Charles American Press 427 So. 2d 916 La. Ct. App. 3d Cir. 1983
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Daney v. Argonaut Ins. Co.
421 So. 2d 331
La. Ct. App. 1st Cir. 1982
Cadiere v. West Gibson Products Company, Inc.
- Hammond v. Fidelity & Cas. Co. of New York 419 So. 2d 829 La. 1982
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Guidry v. Sline Indus. Painters, Inc.
418 So. 2d 626
La. 1982
the question was whether a "personal injury by accident" had been shown by the plaintiff whose pre-existing respiratory difficulties had been aggravated by her inhaling dust and lint in the course of her employment as a seamstress for a ready to wear garment manufacturer.
- Freechou v. Thomas W. Hooley, Inc. 413 So. 2d 238 La. Ct. App. 1st Cir. 1982