Cited by
Opinions in Louisiana that cite Lattin v. Hica Corp., 395 So. 2d 690.
- Guerrero v. Tico 436 So. 2d 1237 La. Ct. App. 5th Cir. 1983
- Clark v. Aqua Air Industries, Inc. 435 So. 2d 492 La. Ct. App. 5th Cir. 1983
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LeBaron v. Louisiana Pacific Corp.
434 So. 2d 496
La. Ct. App. 2d Cir. 1983
rev'd on other grds., Walker v. Gaines P. Wilson & Son, Inc.
- Fusilier v. Shurtleff & Andrews, Inc. 432 So. 2d 1106 La. Ct. App. 1st Cir. 1983
- Washington v. Ameron Automotive Centers 432 So. 2d 1193 La. Ct. App. 1st Cir. 1983
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Culp v. Belden Corp.
432 So. 2d 847
La. 1983
Most recently, at 693 (La.1981): [A] worker who, due to his injury, can function only with substantial pain or with the help of fellow workers may not be considered a particularly desirable employee.
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Orgeron v. Tri-State Road Boring, Inc.
434 So. 2d 65
La. 1983
Busang v. Henry C. Beck Builders, Inc., Whitaker v. Church's Fried Chicken, Inc., (La.
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Calogero v. City of New Orleans
434 So. 2d 177
La. Ct. App. 1st Cir. 1983
23:1221(2); Wilson v. EBASCO Services, Inc., Dusang v. Henry C. Beck Builders, Inc., Whitaker v. Church’s Fried Chicken, Inc.
- Andrus v. Lafayette Parish School Board 430 So. 2d 291 La. Ct. App. 1st Cir. 1983
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Beauclair v. Rockwood Insurance
430 So. 2d 346
La. Ct. App. 1st Cir. 1983
Wilson v. Ebasco Services, Inc., Dusang v. Henry C. Beck Builders, Inc., Whitaker v. Church's Fried Chicken, Inc., ” (La.App.
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Heath v. Goldrus Drilling Co.
429 So. 2d 530
La. Ct. App. 1st Cir. 1983
the Court noted that the odd-lot concept should be applied to substantial pain cases.
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Gilcrease v. J.A. Jones Construction Co.
425 So. 2d 274
La. Ct. App. 1st Cir. 1982
DISABILITY The standards for determining whether a : “A worker who cannot return to any gainful employment without suffering substantial pain is entitled to compensation benefits for total disability, (citations omitted) * * * % * “Under the odd lot doctrine, a claimant is considered totally disabled if his injury makes him an odd lot in the labor market, tha
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Martin v. HB Zachry Co.
424 So. 2d 1002
La. 1982
Dusang v. Henry C. Beck Builders, Inc., Whitaker v. Church's Fried Chicken, Inc., (La.
- Wheat v. Ford, Bacon and Davis Const. Corp. 424 So. 2d 293 La. Ct. App. 1st Cir. 1982
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Brown v. Avondale Shipyards, Inc.
422 So. 2d 256
La. Ct. App. 1st Cir. 1982
See, , (La.1980); Oster v. Wetzel Printing, Inc.
- Comeaux v. Cameron Offshore Services, Inc. 420 So. 2d 1209 La. Ct. App. 3d Cir. 1982
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Bazile v. Pellerin Milnor Corp.
433 So. 2d 1058
La. Ct. App. 1st Cir. 1982
See Dusang v. Henry C. Beck Builders, Inc., ” The doctrine as applied to substantial pain cases was further refined by the Supreme Court in Wilson v. Ebasco Services, Inc., Allor v. Bel- *1060 den, and Schouest v. J. Ray McDermott & Co., Inc.
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Walgamotte v. Avondale Shipyards, Inc.
420 So. 2d 1157
La. Ct. App. 1st Cir. 1982
the Louisiana Supreme Court held that the plaintiff workman had met his burden of proof in establishing a prima facie case for odd lot classification.
- Jackson v. Maloney Trucking & Storage, Inc. 424 So. 2d 1037 La. Ct. App. 4th Cir. 1982
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Brown v. Celotex Corp.
420 So. 2d 205
La. Ct. App. 1st Cir. 1982
However, plaintiff contends that the limitations on his ability to work because of his inability to lift with force over his head places him in the category of an “odd lot”
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Culp v. Belden Corp.
416 So. 2d 1311
La. Ct. App. 3d Cir. 1982
Wilson Ebasco Services, Inc.
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Ginter v. Goudchaux's, Inc.
417 So. 2d 879
La. Ct. App. 1st Cir. 1982
Augustine v. Courtney Construction Company of Alexandria, Inc., (La.App.
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Droze v. McCarty Corp.
415 So. 2d 523
La. Ct. App. 1st Cir. 1982
Plaintiff argues that he works only in substantial pain, for the proposition that the "odd-lot" doctrine applies also to substantial pain cases, since a claimant's pain may appreciably limit the types of work available to him and may greatly diminish his ability to compete in the labor market.
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Kirkley v. DSI Transports, Inc.
416 So. 2d 584
La. Ct. App. 1st Cir. 1982
subsequently stated that "substantial pain" claims of total permanent disability should also be determined within the larger framework of the "odd-lot" doctrine.
- Schouest v. J. Ray McDermott & Co., Inc. 411 So. 2d 1042 La. 1982
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Bordelon v. Ranger Ins. Co.
413 So. 2d 962
La. Ct. App. 3d Cir. 1982
Wilson v. Ebasco Services, Inc., Dusang v. Henry C. Beck Builders, Inc., Whitaker v. Church's Fried Chicken, Inc.
- Distinguished Crockett v. St. Paul Ins. Co. 413 So. 2d 949 La. Ct. App. 1st Cir. 1982
- Wool v. Parish of Jefferson 411 So. 2d 1198 La. Ct. App. 5th Cir. 1982
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Barrios v. Rheem Manufacturing Co.
410 So. 2d 862
La. Ct. App. 1st Cir. 1982
The trial judge, following the cri-terias enunciated in the Oster case, supra, and Lattin v. Hica Corp. resolved the disputed issues in favor of the plaintiff by finding him totally and permanently disabled.
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Poland v. American Mutual Insurance
409 So. 2d 1292
La. Ct. App. 1st Cir. 1982
Following Turner , the applicability of the odd lot doctrine to a workmen’s compensation claimant who suffered an injury to his right foot.
- Vernon v. Aetna Life & Casualty Insurance 409 So. 2d 678 La. Ct. App. 1st Cir. 1981
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Augustine v. COURTNEY CONST. CO., ETC.
405 So. 2d 579
La. Ct. App. 3d Cir. 1981
Wilson v. Ebasco Services, Inc., Dusang v. Henry C. Beck Builders, Inc., Whitaker v. Church's Fried Chicken, Inc.
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Cottonham v. Rockwood Ins. Co.
403 So. 2d 773
La. Ct. App. 3d Cir. 1981
1980); Wilson v. Ebasco Services, Inc.
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Reliford v. Dobson Pulpwood Co.
401 So. 2d 581
La. Ct. App. 1st Cir. 1981
See also Whitaker v. Church’s Fried Chicken, Inc., supra; Dusang v. Henry C. Beck Builders, Inc., supra; Wilson v. Ebasco Services, Inc., supra
- Lastrapes v. CNA Ins. Co. 401 So. 2d 658 La. Ct. App. 3d Cir. 1981
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Jones v. Alexander
399 So. 2d 216
La. Ct. App. 2d Cir. 1981
2d Cir. 1980), set aside and remanded, wherein it was stated: ...