Cited by
Opinions in Louisiana that cite Oster v. Wetzel Printing, Inc., 390 So. 2d 1318.
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Wellmeyer v. Western Reserve Life Assurance Co. of Ohio
663 So. 2d 745
La. Ct. App. 1st Cir. 1995
2 In Oster v. Wetzel Printing, Inc., the Supreme Court defined the “odd lot” doctrine: In order to determine whether the plaintiff fits within this category of odd-lot workers, he must show that because of his physical impairment, mental capacity, education, training, age, availability of employment in his area, and any other relevant factor
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Thomas v. Union Tank Co.
647 So. 2d 581
La. Ct. App. 3d Cir. 1994
Oster v. Wetzel Printing, Inc.
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Johnson v. FID. & CAS. INS. CO. OF NY
618 So. 2d 651
La. Ct. App. 2d Cir. 1993
2d Cir.1983), writ denied, Oster v. Wetzel Printing, Inc.
- Borne v. Tompkins-Beckwith, Inc. 595 So. 2d 1195 La. Ct. App. 1st Cir. 1992
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Aromy v. Cox Cable of Jefferson Parish, Inc.
570 So. 2d 207
La. Ct. App. 1st Cir. 1990
23:1221(2) (Supp.1975).” Oster v. Wetzel Printing, Inc.
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Hill v. LJ Earnest, Inc.
568 So. 2d 146
La. Ct. App. 2d Cir. 1990
1983); Oster v. Wetzel Printing, Inc., Dusang v. Henry C. Beck Builders, Inc., DeGruy v. Pala, Inc., supra ; Jackson v. Georgia Casualty & Surety Company, supra ; (La.App.
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Durbin v. State Farm Fire and Cas. Co.
558 So. 2d 1257
La. Ct. App. 1st Cir. 1990
(Emphasis added; citations omitted) See also Oster v. Wetzel Printing, Inc.
- Bowman v. F. Christiana and Co., Inc. 553 So. 2d 971 La. Ct. App. 4th Cir. 1989
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Jackson v. Universal Match Corp.
535 So. 2d 1287
La. Ct. App. 1st Cir. 1988
The odd-lot doctrine, set forth in Oster v. Wetzel Printing, Inc., provides that a claimant is entitled to a finding of total and permanent disability when he establishes a prima facie case that, because of his physical impairment, mental capacity, education, training, age, availability of employment in his area, and any other relevant factor, he cannot perform the substan
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Houston v. Kaiser Aluminum and Chemical Corp.
531 So. 2d 1129
La. Ct. App. 4th Cir. 1988
See Oster v. Wetzel Printing, Inc.
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Breaux v. Travelers Ins. Co.
526 So. 2d 284
La. Ct. App. 3d Cir. 1988
In the landmark case of Oster v. Wetzel Printing, Inc., the Louisiana Supreme Court enunciated this state's understanding of the "odd-lot" doctrine stating: "...
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Holiday v. Borden Chemical
524 So. 2d 285
La. Ct. App. 1st Cir. 1988
Orgeron v. Tri-State Road Boring, Inc., citing Oster v. Wetzel Printing, Inc., (La.
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Merritt v. Crown Zellerbach
525 So. 2d 294
La. Ct. App. 1st Cir. 1988
Oster v. Wetzel Printing, Inc.
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Marcotte v. Gulf Builders, Inc.
525 So. 2d 208
La. Ct. App. 1st Cir. 1988
In Oster v. Wetzel Printing, Inc., the Louisiana Supreme Court quoted Johnson, Work of the La.
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Explained
Bernard v. WOODROW WILSON CONST. CO., INC.
526 So. 2d 1248
La. Ct. App. 3d Cir. 1988
Oster v. Wetzel Printing, Inc.
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Jackson v. Georgia Cas. and Sur. Co.
513 So. 2d 530
La. Ct. App. 2d Cir. 1987
Oster v. Wetzel Printing, Inc.
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Brunson v. State
510 So. 2d 1349
La. Ct. App. 1st Cir. 1987
See Oster v. Wetzel Printing, Inc.
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Loud v. Dixie Metal Co.
506 So. 2d 1355
La. Ct. App. 2d Cir. 1987
Substantial pain cases may also be analyzed within the framework of the odd lot doctrine which was adopted by the court in Oster v. Wetzel Printing, Inc.
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Notto v. MORTON-NORWICH PROD. INC.
498 So. 2d 1158
La. Ct. App. 3d Cir. 1986
In its written reasons for judgment, the trial court stated: "The medical evidence is clear that plaintiff is left permanently disabled, and it is the finding of this court that the disability is partial and that plaintiff has not met his burden of proving that he falls into the `odd lot' category as that term is enunciated in Oster v. Wetzel Printing, Inc., ."
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Young v. Aetna Life & Casualty Ins. Co.
497 So. 2d 420
La. Ct. App. 1st Cir. 1986
See Oster v. Wetzel Printing, Inc.
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Harris v. West Jefferson Hospital
494 So. 2d 565
La. Ct. App. 1st Cir. 1986
The case cited by the plaintiff and followed by the trial court, Oster v. Wetzel Printing, Inc., sets out the analysis and application of the statutory law which governs in this case.
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Layssard v. Procter & Gamble Manufacturing Co.
490 So. 2d 1172
La. Ct. App. 1st Cir. 1986
In Oster v. Wetzel Printing, Inc., the Supreme Court adopted the “odd-lot” doctrine of permanent total disability.
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Richard v. A-1 Industries, Inc.
489 So. 2d 386
La. Ct. App. 1st Cir. 1986
He claimed further that his other medical problems (e.g., arthritis in the spine and a compression fracture of his thoracic spine), combined with the problems resulting from the 1982 accident, had the cumulative effect of making him totally and permanently disabled, under the odd-lot doctrine enunciated in Oster v. Wetzel Printing, Inc.
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Thompkins v. Sewell Plastics, Inc.
487 So. 2d 665
La. Ct. App. 1st Cir. 1986
Oster v. Wetzel Printing, Inc., (La.
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Jolibois v. Hartford Acc. & Ind. Co.
486 So. 2d 283
La. Ct. App. 3d Cir. 1986
(citations omitted) Oster v. Wetzel Printing, Inc., 1324 (La.1980); (La.App.
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Dement v. International Paper Co.
479 So. 2d 993
La. Ct. App. 1st Cir. 1985
In Oster v. Wetzel Printing, Inc., , at page 1322 (La.1980), the Louisiana Supreme Court stated that the “odd lot” doctrine is intended to lessen the impact of the harsh language of the 1975 amendment to LSA-R.S.
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Duplechain v. Offshore Shipyard, Inc.
481 So. 2d 176
La. Ct. App. 1st Cir. 1985
Zachary Co., 424 So.2d, 1002 , the Supreme Court set forth the “odd-lot-working in pain” doctrine: “ we adopted the so-called “odd-lot” doctrine which provides that the claimant is entitled to a total and permanent disability when he establishes a prima facie case that, because of the physical impairment and other factors such as mental capacity, education, and training, he can perform no services other th
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Wheat v. Ford, Bacon & Davis Construction Corp.
479 So. 2d 439
La. Ct. App. 1st Cir. 1985
Oster v. Wetzel Printing, Inc.
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Scott v. Terrebonne Lumber Co.
479 So. 2d 410
La. Ct. App. 1st Cir. 1985
The Louisiana Supreme Court in Oster v. Wetzel Printing, Inc., (La.
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Clement v. Scaffolding Rental & Erection Services, Inc.
480 So. 2d 813
La. Ct. App. 1st Cir. 1985
Oster v. Wetzel Printing, Inc., Dusang v. Henry C. Beck Builders, Inc., (La.App.
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Sharbono v. H & S CONST. CO.
478 So. 2d 779
La. Ct. App. 3d Cir. 1985
In Oster v. Wetzel Printing, Inc., , at page 1322 (La.1980), the Louisiana Supreme Court stated that the "odd lot" doctrine is intended to lessen the impact of the harsh language of the 1975 amendment to R.S.
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Walton v. Normandy Village Homes Ass'n, Inc.
475 So. 2d 320
La. 1985
See Oster v. Wetzell Printing, Inc., (La.
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Rodney v. Crown Zellerbach Corp.
470 So. 2d 538
La. Ct. App. 1st Cir. 1985
Oster v. Wetzel Printing, Inc.
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Lanus v. Gulf Wandes Corp.
470 So. 2d 492
La. Ct. App. 1st Cir. 1985
Oster v. Wetzel Printing, Inc.
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Thornhill v. Luke Construction Co.
468 So. 2d 758
La. Ct. App. 1st Cir. 1985
Oster v. Wetzel Printing, Inc.
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Molina v. Browning Ferris Industries Chemical Service, Inc.
468 So. 2d 24
La. Ct. App. 1st Cir. 1985
What is disputed is whether this disability, along with his age, mental capacity, education, training, availability of employment in his area, and other relevant factors, render him unable to compete for jobs and place him within the “odd lot” category as enunciated in Oster v. Wetzel Printing, Inc.
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Brown v. Mount Carmel Academy of New Orleans, Inc.
468 So. 2d 645
La. Ct. App. 1st Cir. 1985
...” *647 In Oster v. Wetzel Printing, Inc., the Louisiana Supreme Court interpreted the above statutory language according to the “odd lot” doctrine.
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LaPrarie v. Liberty Mutual Insurance Co.
463 So. 2d 908
La. Ct. App. 2d Cir. 1985
Oster v. Wetzel Printing, Inc.
- Lemoine v. Brice Building Co. 465 So. 2d 57 La. Ct. App. 1st Cir. 1985
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Ballard v. Younger Transportation, Inc.
461 So. 2d 593
La. Ct. App. 1st Cir. 1984
Oster v. Wetzel Printing, Inc., Shatoska v. International Grain Transfer, Inc., (La.App.
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Shatoska v. International Grain Transfer, Inc.
465 So. 2d 32
La. Ct. App. 1st Cir. 1984
Oster v. Wetzel Printing, Inc., Dusang v. Henry C. Beck Builders, Inc., Vernon v. Aetna Life and Cas.
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Cupit v. Amax Nickel, Inc.
454 So. 2d 394
La. Ct. App. 1st Cir. 1984
The “odd lot” doctrine was adopted in Oster v. Wetzel Printing, Inc., and provides that a claimant is entitled to total and permanent disability if he establishes that because of his physical impairment and other factors — mental capacity, training, education — he can perform no service other than those so limited in quality or dependability that a reasonably stable market doe
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Thibodeaux v. Aetna Cas. and Sur. Co.
454 So. 2d 1141
La. Ct. App. 1st Cir. 1984
Oster v. Wetzel Printing, Inc.
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Harris v. Board of Supervisors
451 So. 2d 1293
La. Ct. App. 1st Cir. 1984
The Supreme Court in Oster v. Wetzel Printing, Inc., enunciated the burden of proof that a claimant must sustain in order to be classified in the “odd lot” category: “[H]e must show that because of his physical impairment, mental capacity, education, training, age, availability of employment in his area, and any other relevant factor, that he ‘cannot perform t
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Procell v. Employers Liability Insurance Co. of Wisconsin
450 So. 2d 981
La. Ct. App. 1st Cir. 1984
Oster v. Wetzel Printing, Inc.
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Bridgewater v. Crown Zellerbach
449 So. 2d 515
La. Ct. App. 1st Cir. 1984
Oster v. Wetzel Printing, Inc.
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Woodard v. Gregory and Cook, Inc.
442 So. 2d 912
La. Ct. App. 3d Cir. 1983
Oster v. Wetzel Printing, Inc., (La.
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Hayes v. Hammett Co.
442 So. 2d 1277
La. Ct. App. 1st Cir. 1983
“This court further finds that plaintiff is totally disabled under the ‘odd-lot’ doctrine as adopted in Oster v. Wet-zel Printing, Inc., (La.
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Thornell v. Payne & Keller, Inc.
442 So. 2d 536
La. Ct. App. 1st Cir. 1983
Oster v. Wetzel Printing, Inc.
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Vernon v. Aetna Life and Cas. Ins. Co.
442 So. 2d 674
La. Ct. App. 1st Cir. 1983
Since the Louisiana Supreme Court's decision in Oster v. Wetzel Printing, Inc., cases involving substantial pain are analyzed within the framework of the "odd-lot" doctrine.