Cited by
Opinions in Louisiana that cite Lucas v. Ins. Co. of North America, 342 So. 2d 591.
- Tammy Lewis Personally and Obo Jayson Lewis and Jaylon Lewis v. National Union Fire Ins. Co., Cox Communications, … La. Ct. App. 3d Cir. 2024
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Distinguished
Jacob Kibodeaux v. Jan's Construction Company, Inc.
La. Ct. App. 3d Cir. 2024
Co. of N. Am., the Louisiana Supreme Court held that “[a] claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwar
- Cindy Aych Versus State Farm Mutual Automobile Insurance Company, Alfortish Enterprises, L.L.C. and Madison Randon La. Ct. App. 5th Cir. 2023
- Alisa Alan Durkheimer v. Tranise L. Landry La. Ct. App. 3d Cir. 2023
- Krishnendu Dey v. Eddie Williams and Lyndon Southern Insurance Company and First Chicago Insurance Company La. Ct. App. 4th Cir. 2022
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Patricia Matthews v. Big Easy Janitorial, L.L.C., and Louisiana Construction and Industry Self Insurers Fund
La. Ct. App. 4th Cir. 2022
Co. of North America, ).
- Kayla Landry v. State Farm Automobile Ins. Co. La. Ct. App. 3d Cir. 2022
- Joseph Davis v. Christie Wheeler and State Farm Mutual Automobile Insurance Company La. Ct. App. 2d Cir. 2020
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Elaine Lazard v. Progressive Paloverde Ins. Co.
La. Ct. App. 3d Cir. 2019
Ms. Lazard argues that the following presumption for proving causation set forth in Housely, 579 So.2d at 980 ( applies to her claim for BPPV damages and that the trial court erred in refusing to apply the presumption: “[a] claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with
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McNeil v. Trosclair
265 So. 3d 29
La. Ct. App. 1st Cir. 2019
Co. of N. America , , 596 (La.
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Earl McCarthy, Sr. v. City of Opelousas
La. Ct. App. 3d Cir. 2018
to support this presumption.
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James Crawford Bailey v. Veolia Environmental Services
La. Ct. App. 3d Cir. 2018
5 A “demand for work[ers’] compensation is required to be in no particular form, as long as it informs the insurer that the insured asserts a claim for compensation under the policy.”
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Bailey v. Veolia Envtl. Servs.
237 So. 3d 525
La. Ct. App. 1st Cir. 2018
Lucas v. Insurance Co. of North America , , 598 (La.1977).
- Marie v. Allstate Insurance Co. 224 So. 3d 372 La. Ct. App. 1st Cir. 2017
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Johnnell Duncan v. State Farm Mutual Auto. Ins. Co.
La. Ct. App. 3d Cir. 2017
Co. of North America, ).
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Duncan v. State Farm Mutual Automobile Insurance Co.
213 So. 3d 1297
La. Ct. App. 1st Cir. 2017
Co. of North America, (La.
- Herbert Marshall v. Courville Toyota La. Ct. App. 3d Cir. 2015
- Marshall v. Courvelle Toyota 175 So. 3d 1069 La. Ct. App. 1st Cir. 2015
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Hayward v. Boh Bros. Construction Co.
169 So. 3d 622
La. Ct. App. 1st Cir. 2015
an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition.”
- Lawrence v. Government Employees Insurance Co. 151 So. 3d 917 La. Ct. App. 1st Cir. 2014
- Reddoch v. Parish of Plaquemines 134 So. 3d 683 La. Ct. App. 1st Cir. 2014
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Thibodeaux v. Ace American Insurance Co.
127 So. 3d 132
La. Ct. App. 1st Cir. 2013
(quoting Lucas v. Insurance Co. of North, America, (La.
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Danielle Brooke Thibodeaux v. Ace American Insurance Company
La. Ct. App. 3d Cir. 2013
(), the supreme court determined: [a] claimant‟s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifes
- Garcia v. City of New Orleans 115 So. 3d 515 La. Ct. App. 1st Cir. 2013
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Salazar v. Command Construction, LLC
117 So. 3d 118
La. Ct. App. 1st Cir. 2013
accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition.” West, 371 So.2d at 1149
- Billy Wayne Broadway v. Shane Mitchell Logging, Inc. La. Ct. App. 3d Cir. 2012
- Broadway v. Shane Mitchell Logging, Inc. 105 So. 3d 1041 La. Ct. App. 1st Cir. 2012
- D'Angelo v. Guarino 88 So. 3d 683 La. Ct. App. 1st Cir. 2012
- Kellianne Kelly-Williams,indiv., Etc. v. At&t Mobility, LLC . La. Ct. App. 3d Cir. 2012
- Kelly-Williams v. AT & T Mobility, LLC 90 So. 3d 1071 La. Ct. App. 1st Cir. 2012
- Gober v. Walgreen Louisiana Co. 80 So. 3d 9 La. Ct. App. 2d Cir. 2011
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Smith v. Transport Services Co.
67 So. 3d 487
La. Ct. App. 4th Cir. 2011
3 In Housley , the Supreme Court stated: this Court stated: [a] claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves after-wards, providing that the medic
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Virginia Peoples, Et Ux. v. Fred's Stores of Tennessee, Inc.
La. Ct. App. 3d Cir. 2010
25 (alteration in original), the Louisiana Supreme Court stated: [a] claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest thems
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Peoples v. Fred's Stores of Tennessee, Inc.
38 So. 3d 1209
La. Ct. App. 1st Cir. 2010
(alteration in original), the Louisiana Supreme Court stated: [a] claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providin
- Kelly v. AME JANITORIAL SERVICES CO. 33 So. 3d 358 La. Ct. App. 4th Cir. 2010
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James Jason, III v. Louisiana Municipal Risk Management Agency
La. Ct. App. 3d Cir. 2009
Co. of N.A., (citations omitted)).
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Jason v. Louisiana Municipal Risk Management Agency
27 So. 3d 329
La. Ct. App. 1st Cir. 2009
Co. of N. A., (citations omitted)).
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Harrell v. St. Margaret's Daughter's Nursing Home
24 So. 3d 941
La. Ct. App. 1st Cir. 2009
Co. of N. America, the Louisiana Supreme Court stated the principle of presumption as to causal connection between accident and injury as follows: A claimant’s disability is presumed to have resulted from an accident the injured was in good health, but commencing with the accident, the symptoms of the disabling condition
- Batiste v. INTERSTATE HOTELS & RESORTS 23 So. 3d 964 La. Ct. App. 1st Cir. 2009
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LaFleur v. M. Langenstein & Sons, Inc.
16 So. 3d 1178
La. Ct. App. 1st Cir. 2009
23:1031 states that, as a threshold requirement, a worker in a compensation action must establish “personal injury by accident arising out of and in the course and scope of his employment.” stated the principle of presumption as to causal connection between accident and injury as follows: A claimant’s disability is presumed to have resulted from an accident the injured was in good health, but commencing with the accident, the symptoms of the disabling condition appear and continuously manifest
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Shannon Menard v. Lafayette Ins. Co.
La. Ct. App. 3d Cir. 2009
However, at page 980 of its opinion, (citations omitted), wherein it stated: A claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously man
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Menard v. Lafayette Insurance
13 So. 3d 794
La. Ct. App. 1st Cir. 2009
The supreme court recognized in Housley that a plaintiff bears the burden of proving, by a preponderance of the evidence, a causal relationship between the injury sustained and the accident that caused the injury.- However, at page 980 of its opinion, (citations omitted), wherein it stated: A claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition ap
- Boxie v. Smith-Ruffin 979 So. 2d 539 La. Ct. App. 5th Cir. 2008
- Venissat v. St. Paul Fire & Marine Ins. Co. 968 So. 2d 1063 La. Ct. App. 3d Cir. 2007
- Theodore Venissat v. St. Paul Fire & Marine Ins. Co. La. Ct. App. 3d Cir. 2007
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Littleton v. Richardson Medical Center
954 So. 2d 812
La. Ct. App. 2d Cir. 2007
the supreme court stated: [a] claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the
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Detraz v. Lee
950 So. 2d 557
La. 2007
Co. of N. Am., , to this case.
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Jordan v. Vice
943 So. 2d 1278
La. Ct. App. 3d Cir. 2006
The Louisiana Supreme Court in Housley, 579 So.2d at 980, : A claimant's disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows
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Robert C. Jordan v. Zoie R. Vice
La. Ct. App. 3d Cir. 2006
The Louisiana Supreme Court in Housley, 579 So.2d at 980, : A claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards
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Yuronda Jackson v. St. Francis Cabrini Hospital
La. Ct. App. 3d Cir. 2006
on was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection 8 between the accident and the disabling condition.’ ” West v. Bayou Vista Manor, Inc., (citation omitted).