Cited by
Opinions in Louisiana that cite West v. Bayou Vista Manor, Inc., 371 So. 2d 1146.
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Willie L. Lollis, Jr. v. Shaw Global Energy Services
La. Ct. App. 3d Cir. 2007
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Elaine Smith v. Town of Olla
La. Ct. App. 3d Cir. 2007
12/8/06), (citing West v. Bayou Vista Manor, Inc., Smith testified that Dr. Mauterer treated her mother for degenerative arthritis in her knees.
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Lollis v. SHAW GLOBAL ENERGY SERVICES
966 So. 2d 1118
La. Ct. App. 3d Cir. 2007
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Lopez v. Town of Zwolle
963 So. 2d 1041
La. Ct. App. 1st Cir. 2007
West v. Bayou Vista Manor, Inc., Malone and Johnson, 18 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Timothy Butterfield v. Turner Industries
La. Ct. App. 3d Cir. 2007
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Butterfield v. Turner Industries
951 So. 2d 476
La. Ct. App. 3d Cir. 2007
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Phillips v. Coca-Cola Bottling Co. United
939 So. 2d 673
La. Ct. App. 3d Cir. 2006
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Justin Phillips v. Coca-Cola Bottling Co., United Inc.
La. Ct. App. 3d Cir. 2006
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation,§ 253 (2d Ed.1980).
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Roussell v. St. Tammany Parish School Bd.
943 So. 2d 449
La. Ct. App. 1st Cir. 2006
West v. Bayou Vista Manor, Inc.
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Janice Fluitt v. Christus St. Frances Cabrini Hospital
La. Ct. App. 3d Cir. 2006
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Fluitt v. Christus Health Cent. Louisiana
935 So. 2d 369
La. Ct. App. 3d Cir. 2006
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Richard G. Trahan v. Merry Lane Manley
La. Ct. App. 3d Cir. 2006
.to affirm the trier of fact's refusal to accept as credible uncontradicted testimony or greatly preponderant objectively-corroborated testimony where the record indicates no sound reason for its rejection and where the factual finding itself has been reached by overlooking applicable legal principles.” (citing West v. Bayou Vista Manor, Inc., ).
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Trahan v. Manley
933 So. 2d 251
La. Ct. App. 3d Cir. 2006
(citing West v. Bayou Vista Manor, Inc., ).
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Magee v. Abek, Inc.
934 So. 2d 800
La. Ct. App. 1st Cir. 2006
West v. Bayou Vista Manor, Inc.
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Payne v. Orleans Parish School Bd.
929 So. 2d 121
La. Ct. App. 4th Cir. 2006
West v. Bayou Vista Manor, Inc.
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Joseph P. Roy v. Hub City Paving Contractors
La. Ct. App. 3d Cir. 2006
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Yuronda Jackson v. St. Francis Cabrini Hospital
La. Ct. App. 3d Cir. 2006
toms 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).
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Roy v. Hub City Paving Contractors
921 So. 2d 1215
La. Ct. App. 1st Cir. 2006
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed. 1980).
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Jackson v. CHRISTUS HEALTH CENTRAL LOUIS.
922 So. 2d 748
La. Ct. App. 3d Cir. 2006
West v. Bayou Vista Manor, Inc., (citation omitted).
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Donovan Monceaux v. R & R Construction, Inc.
La. Ct. App. 3d Cir. 2005
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Nathan Wright v. Cypress General Contractors
La. Ct. App. 3d Cir. 2005
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Emmitt Anthony v. Southern Chevrolet Cadillac
La. Ct. App. 3d Cir. 2005
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Anthony v. Southern Chevrolet Cadillac, Inc.
918 So. 2d 1070
La. Ct. App. 1st Cir. 2005
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Monceaux v. R & R CONST., INC.
919 So. 2d 795
La. Ct. App. 3d Cir. 2005
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Wright v. CYPRESS GENERAL CONTRACTORS, INC.
918 So. 2d 526
La. Ct. App. 3d Cir. 2005
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Hammock v. Weyerhaeuser
917 So. 2d 733
La. Ct. App. 2d Cir. 2005
West v. Bayou Vista Manor, Inc.
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Sheppard v. Isle of Capri
909 So. 2d 699
La. Ct. App. 2d Cir. 2005
Action of the WCJ The WCJ cited the law governing the plaintiff's burden of proving an unwitnessed accident, Bruno v. Harbert Int'l Inc., 91-1444 (La.1/17/92)
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Kim Bigge v. the Lemoine Company
La. Ct. App. 3d Cir. 2005
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Bigge v. the Lemoine Co.
896 So. 2d 269
La. Ct. App. 3d Cir. 2005
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Patti L. Hukill and Maxine Hukill v. State of La, Thru the Dotd
La. Ct. App. 3d Cir. 2004
The plaintiffs direct this court to “the long standing jurisprudential principal [sic] that the Trial Court should accept as true the uncontradicted testimony of a witness, absent same [sic] sound reason in the record for its rejection.” In this passage, the plaintiffs reference the Louisiana Supreme Court’s decision in West v. Bayou Vista Manor, Inc., wherein the court stated: “In evaluating the evidence, the trier of fact should accept as true the uncontradicted testimony of a witness, even th
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Jones v. Bick
891 So. 2d 737
La. Ct. App. 1st Cir. 2004
In Arnold , the court analogized the expert testimony to the lay witness testimony offered in West v. Bayou Vista Manor, Inc., where the Louisiana Supreme Court held that in evaluating evidence, the trier of fact should accept as true the uncontradicted testimony of a witness, even though the witness is a party, at least in the absence of circumstances in the record casting suspicion on the reliability of this testimony.
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Hukill v. State ex rel. DOTD
896 So. 2d 82
La. Ct. App. 1st Cir. 2004
The plaintiffs direct this court to “the long standing jurisprudential principal [sic] that the Trial Court should accept as true the uncontradicted testimony of a witness, absent same [sic] sound reason in the record for its rejection.” In this passage, the plaintiffs reference the Louisiana Supreme Court’s decision in West v. Bayou Vista Manor, Inc., wherein the court stated: “In evaluating the evidence, the trier of fact should accept as true the uncontradicted testimony of a witness, even th
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Harrison v. Baldwin Motors
889 So. 2d 313
La. Ct. App. 1st Cir. 2004
West v. Bayou Vista Manor, Inc.
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Hudson v. Housing Authority of New Orleans
909 So. 2d 607
La. Ct. App. 4th Cir. 2004
Faulkner , XXXX-XXXX, p. 4-5, , citing West v. Bayou Vista Manor, Inc.
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Pamela Welcome v. Martin De Porres Nursing Home
La. Ct. App. 3d Cir. 2004
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Welcome v. Martin De Porres Nursing Home
883 So. 2d 1113
La. Ct. App. 1st Cir. 2004
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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James v. Robinson
880 So. 2d 975
La. Ct. App. 2d Cir. 2004
West v. Bayou Vista Manor, Inc., Aycock v. City of Shreveport, supra.
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James v. Robinson
880 So. 2d 975
La. Ct. App. 2d Cir. 2004
West v. Bayou Vista Manor, Inc., Aycock v. City of Shreveport, supra .
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Calithia S. Thomas v. Westaff, Inc.
La. Ct. App. 3d Cir. 2004
“In determining whether the worker has discharged his or her burden of proof, the trial court should accept as true a witness’s uncontradicted testimony, although the witness is a party, absent ‘circumstances casting suspicion on the reliability of this testimony.’” Bruno, 593 So.2d at 361(quoting West v. Bayou Vista Manor, Inc., ).
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Joseph K. Fontenot v. Pyramid Alloys, Inc.
La. Ct. App. 3d Cir. 2004
“In determining whether the worker has discharged his or her burden of proof, the trial court should accept as true a witness’s uncontradicted testimony, although the witness is a party, absent ‘circumstances casting suspicion on the reliability of this testimony.’” Bruno, 593 So.2d at 361 (quoting West v. Bayou Vista Manor, Inc., ).
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Thomas v. Westaff, Inc.
874 So. 2d 926
La. Ct. App. 1st Cir. 2004
“In determining whether the worker has discharged his or her burden of proof, the trial court should accept as true a witness’s uncontradicted testimony, although the witness is a party, absent ‘circumstances casting suspicion on the reliability of this testimony.’ ” Bruno, 593 So.2d at 361 (quoting West v. Bayou Vista Manor, Inc., ).
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Fontenot v. Pyramid Alloys, Inc.
872 So. 2d 1269
La. Ct. App. 1st Cir. 2004
“In determining whether the worker has discharged his or her burden of proof, the trial court should accept as true a witness’s uncontradicted testimony, although the witness is a party, absent ‘circumstances casting suspicion on the reliability of this testimony.’ ” Bruno, 593 So.2d at *1273 361 (quoting West v. Bayou Vista Manor, Inc., ).
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Smith v. Roy O. Martin Lumber Co.
871 So. 2d 661
La. Ct. App. 3d Cir. 2004
West v. Bayou Vista Manor, Inc.
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Lawrence Hagler Smith v. Roy O. Martin Lumber Company
La. Ct. App. 3d Cir. 2004
West v. Bayou Vista Manor, Inc.
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Paul Thomas, Jr. v. Browning-Ferris, Inc.
La. Ct. App. 3d Cir. 2004
West v. Bayou Vista Manor, Inc., Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980).
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Thomas v. Browning-Ferris, Inc.
871 So. 2d 1161
La. Ct. App. 3d Cir. 2004
West v. Bayou Vista Manor, Inc., Malone and Johnson, *1165 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980).
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Kathy Tucker v. Security Industrial
La. Ct. App. 3d Cir. 2004
Furthermore, in Bruno v. Harbert International, Inc., the Louisiana Supreme Court addressed the timing of the filing of an accident report and its impact upon an employee’s claim that an at-work injury occurred: As to plaintiff’s delay in filing a formal accident report, we noted in West [v. Bayou Vista Manor, Inc., ], that a worker’s delay in reporting an injury “is more corroborative of her initial unawareness of the seriousness of the injury ...
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Tucker v. Security Industrial Insurance
865 So. 2d 998
La. Ct. App. 1st Cir. 2004
*1004 Furthermore, in Bruno v. Harbert International, Inc., the Louisiana Supreme Court addressed the timing of the filing of an accident report and its impact upon an employee’s claim that an at-work injury occurred: As to plaintiffs delay in filing a formal accident report, we noted in West [v. Bayou Vista Manor, Inc., ], that a worker’s delay in reporting an injury “is more corroborative of her initial unawareness of the seriousness of the injury ...
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Harris v. Casino Magic
865 So. 2d 301
La. Ct. App. 2d Cir. 2004
Bruno, supra, citing West v. Bayou Vista Manor, Inc.
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Joseph R. Leger v. Grey Wolf Drilling Company
La. Ct. App. 3d Cir. 2003
Confirming its prior decision in West v. Bayou Vista Manor, Inc., the supreme court stated: [T]he worker’s burden of proof, even if the worker is the sole witness to the accident, is by a preponderance of the evidence.” Bruno, 593 So.2d at 364.