Cited by
Opinions in Louisiana that cite Walker v. Gaines P. Wilson & Son, Inc., 340 So. 2d 985.
-
Comeaux v. Cameron Offshore Services, Inc.
420 So. 2d 1209
La. Ct. App. 3d Cir. 1982
*1217 The general rule on the subject of subsequent positive medical reports is set out by the Supreme Court in Walker v. Gaines P. Wilson & Son, Inc.
-
Irvine v. Sentry Ins. Co.
415 So. 2d 467
La. Ct. App. 1st Cir. 1982
Carter, supra; Walker v. Gaines P. Wilson & Son, Inc.
-
Montgomery v. Commercial Union Assurance Co.
413 So. 2d 969
La. Ct. App. 1st Cir. 1982
Walker v. Gaines P. Wilson & Son, Inc.
-
Alexander v. DEPARTMENT OF CULTURE, ETC.
410 So. 2d 1286
La. Ct. App. 3d Cir. 1982
Walker v. Wilson & Son Inc., (La.App.
-
Glover v. Southern Pipe & Supply Co.
408 So. 2d 352
La. Ct. App. 4th Cir. 1981
Walker v. Gaines P. Wilson & Son, Inc.
-
Crosby v. Great Atlantic & Pacific Tea Co.
408 So. 2d 11
La. Ct. App. 1st Cir. 1981
The Louisiana Supreme Court has addressed this very issue in Walker v. Gaines P. Wilson & Son, Inc. (1976).
-
Fredericks v. Associated Indem. Corp.
401 So. 2d 575
La. Ct. App. 3d Cir. 1981
Walker v. Gaines P. Wilson & Son, Inc., (La.App.
-
Downs v. Rapides General Hospital
398 So. 2d 116
La. Ct. App. 1st Cir. 1981
In pursuing plaintiff’s claim for penalties and attorney’s fees, plaintiff’s counsel relies upon the following statement from Walker v. Gaines P. Wilson & Son, Inc., (La.App.
-
West v. Belden Corp.
396 So. 2d 1004
La. Ct. App. 3d Cir. 1981
Walker v. Gaines P. Wilson & Son, Inc. Co., (La.
-
Graham v. Jones Bros. Co.
393 So. 2d 861
La. Ct. App. 1st Cir. 1981
See Walker v. Gaines P. Wilson & Son, Inc.
-
Green v. Provencal Tie Mill
392 So. 2d 722
La. Ct. App. 3d Cir. 1980
Walker v. Gaines P. Wilson & Son, Inc., (La.
-
Carruth v. Louisiana Motor Inns
389 So. 2d 99
La. Ct. App. 1st Cir. 1980
The Supreme Court provided a general rule in order to determine permanent total disability in Walker v. Gaines P. Wilson & Son, Inc., at p. 987: “A judgment for total permanent disability should be awarded when the claimant is shown to be totally disabled at the time of trial and the duration of such disability is indefinite or the evidence does not clearly indicate its duration.” 1 The extensive medical record of the plaintiff began aft
-
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., Ball v. American Marine Corporation, 245 La.
-
Carter v. American Mut. Liability Ins. Co.
386 So. 2d 1072
La. Ct. App. 3d Cir. 1980
Walker v. Gaines P. Wilson & Son, Inc.
-
Latin v. Hica Corp.
384 So. 2d 479
La. Ct. App. 1st Cir. 1980
See Walker v. Gaines P. Wilson & Son, Inc.
-
Schriner v. Riverside Companies, Inc.
378 So. 2d 1035
La. Ct. App. 2d Cir. 1980
Walker v. Gaines P. Wilson & Son, Inc.
-
Wiley v. Southern Cas. Ins. Co.
380 So. 2d 214
La. Ct. App. 3d Cir. 1980
Our Louisiana Supreme Court has stated the general rule relative to temporary and permanent total disability cases in Walker v. Gaines P. Wilson & Son, Inc.
-
Hall v. Houston General Ins. Co.
377 So. 2d 561
La. Ct. App. 3d Cir. 1980
3rd Cir. 1978); Walker v. Gaines P. Wilson & Son, Inc.
-
Pradia v. St. Patrick Hospital of Lake Charles
378 So. 2d 576
La. Ct. App. 1st Cir. 1979
As was stated in Walker v. Gaines P. Wilson & Son, Inc., : “.
-
American Home Assurance Co. v. Johnson
373 So. 2d 742
La. Ct. App. 1st Cir. 1979
Walker v. Gaines P. Wilson & Son, Inc., (1976).
-
Dufrene v. St. Charles Parish Police Jury
371 So. 2d 378
La. Ct. App. 4th Cir. 1979
Prior to this amendment it would appear that the judgment could be maintained under the principles set out in the case of Walker v. Gaines P. Wilson & Son, Inc., as stated p. 987: "An injured employee is deemed totally and permanently disabled `whenever he is unable to perform work of the same or *381 similar description to that which he performed before the accident.'
-
Hebert v. Loffland Bros.
363 So. 2d 969
La. Ct. App. 3d Cir. 1978
For example, our Supreme Court in the case of Walker v. Gaines P. Wilson & Son, Inc., stated: "[I]f subsequent to an initial optimistic report, an insurer receives medical information indisputably showing disability at a subsequent date, the insurer may not blindly rely upon the early report and solely on its basis avoid penalties for arbitrary non-payment of compensation benefits indisputab
-
Thompson v. Southern Casualty Insurance Co.
349 So. 2d 990
La. Ct. App. 1st Cir. 1977
Walker v. Gaines P. Wilson & Son, Inc.
-
Costa v. Wembley Industries, Inc.
346 So. 2d 282
La. Ct. App. 1st Cir. 1977
See Walker v. Gaines P. Wilson & Son, Inc., La., 1976, ; Seal v. Lionel F. Favret Co., 1959, 238 La.