Cited by

Opinions in Louisiana that cite Brooks v. Chicola, 514 So. 2d 7.

36 citing documents.

James Mercer v. Nabors Drilling USA, Lp La. Ct. App. 3d Cir. 2011
Mercer v. Nabors Drilling USA, L.P. 76 So. 3d 624 La. Ct. App. 1st Cir. 2011
City of DeQuincy v. Henry 62 So. 3d 43 La. 2011
The Breaux opinion cited an opinion by this Court, for the proposition that “the workers’ compensation insurer is not entitled to a credit for future medical benefits, even when the amount, which the third-party tortfeasor paid in settlement, exceeds that sufficient to reimburse the compensation carrier.” Breaux, 02-1072 at 4-5, 838 So.2d at 112 .
James Mercer v. Nabors Drilling USA, Lp La. Ct. App. 3d Cir. 2011
Mercer v. Nabors Drilling USA, L.P. 57 So. 3d 1217 La. Ct. App. 1st Cir. 2011
Breaux v. Dauterive Hosp. Corp. 838 So. 2d 109 La. Ct. App. 3d Cir. 2003
Jones v. Department of Health & Hospitals, Office of Mental Health 754 So. 2d 277 La. Ct. App. 1st Cir. 1999
Pierce v. Lafourche Parish Council, 98-1758, p. 3 (La.App.
Thibodeaux v. Stamm-Scheele, Inc. 711 So. 2d 426 La. Ct. App. 1st Cir. 1998
Our decision is supported by case law and the aim of the Act itself, which “is to compensate an injured worker not only for lost wages, but also for reduced or lost earning capacity.” Breaux v. Hoffpauir, 95-2933, p.5 (La.5/21/96)
Johnson v. Star Enterprises 704 So. 2d 857 La. Ct. App. 1st Cir. 1997
Darbonne v. M & M Right of Way Contractors, 96-1730 (La.App.
Breaux v. Hoffpauir 674 So. 2d 234 La. 1996
Hicks v. Grayco Inc. 637 So. 2d 1095 La. Ct. App. 2d Cir. 1994
the Zycha court found that it was inherent in LSA-R.S.
Cosse v. Allen-Bradley Co. 625 So. 2d 486 La. 1994
Co., which limit the intervening employer's recovery to that portion of the judgment for medical expenses and lost wages and prevent reimbursement from the portion of damages awarded for pain and suffering.
Hurst v. Drusilla Seafood of Hammond 616 So. 2d 749 La. Ct. App. 1st Cir. 1993
and any reimbursement for compensation benefits paid from the time of trial until the judgment is satisfied is limited to the loss of earnings award.
Gagnard v. Baldridge 612 So. 2d 732 La. 1993
in discussing the elements of loss for which compensation benefits are paid, this court determined that weekly benefits are intended to replace lost wages and to compensate for the lost capacity to earn wages, but not to compensate for pain and suffering.
Ardoin v. Martin 612 So. 2d 982 La. Ct. App. 2d Cir. 1993
* * * In written reasons for judgment, the trial court cited the jurisprudence interpreting this provision
St. Paul Fire & Marine Ins. Co. v. Smith 609 So. 2d 809 La. 1992
Reversing the court of appeal, we conclude that the amendment is substantive legislation, and Fontenot v. Hanover Ins.
Crowley v. City of Lafayette 602 So. 2d 40 La. Ct. App. 3d Cir. 1992
This statute was then amended in 1989
Spears v. Broussard 602 So. 2d 235 La. Ct. App. 1st Cir. 1992
St. Paul Fire & Marine Ins. Co. v. Smith 596 So. 2d 272 La. Ct. App. 3d Cir. 1992
23:1103(B) which limited the employer's right to reimbursement to the employee's award for special damages and prohibited the employer from obtaining reimbursement from the employee's award for general damages.
Roadrunner Motor Rebuilders, Inc. v. Ryan 603 So. 2d 214 La. Ct. App. 1st Cir. 1992
the Louisiana Supreme Court determined that LSA-R.S.
Daugherty v. Cross Marine, Inc. 598 So. 2d 595 La. Ct. App. 4th Cir. 1992
The Louisiana Supreme Court, held that a worker's compensation carrier is limited to reimbursements for payments made from a employee's special damages.
Harris v. Ballanshaw 576 So. 2d 602 La. Ct. App. 4th Cir. 1991
23:1103 the trial court erred by failing to limit the intervening employer's reimbursement to the amount he recovered from the third party tortfeasors for lost wages.
Walker v. Bankston 571 So. 2d 690 La. Ct. App. 2d Cir. 1990
Harris v. Tenneco Oil Co. 563 So. 2d 317 La. Ct. App. 4th Cir. 1990
4th Cir.1987), writ denied , FN 2 (La.1987).
Green v. Industrial Helicopters, Inc. 560 So. 2d 684 La. Ct. App. 3d Cir. 1990
Denton v. Cormier 556 So. 2d 931 La. Ct. App. 3d Cir. 1990
By its final argument, to the instant case.
Schoemann v. Aetna Life & Casualty Co. 556 So. 2d 77 La. Ct. App. 1st Cir. 1989
Zycha v. Great Atlantic & Pacific Tea Co. 551 So. 2d 676 La. Ct. App. 1st Cir. 1989
I THE NATURE OF A WORKER’S the Louisiana Supreme Court stated definitively that “the primary purpose of the Worker’s Compensation Law is to replace lost wages and to compensate for the lost capacity to earn wages, not to compensate for pain and suffering.” In specific reference to the “schedule” for lost limbs or organs, or for d
Robertson v. Employer's Cas. Co. 546 So. 2d 263 La. Ct. App. 1st Cir. 1989
We note similar results in the following decisions: Hess v. Sports Pub.
Holloway v. State ex rel. Department of Transportation & Development 549 So. 2d 859 La. Ct. App. 1st Cir. 1989
Thompson v. PetroUnited Terminals, Inc. 536 So. 2d 504 La. Ct. App. 1st Cir. 1988
wherein the court held that an intervenor's claim for reimbursement and its request for a credit are both limited to the amounts recovered in the tort judgment for medical expenses and lost income, and no reimbursement or credit may be taken against that portion of the award which is attributed to damages f
Seaberry v. Smith 534 So. 2d 986 La. Ct. App. 1st Cir. 1988
The Louisiana Supreme Court, , has remanded this case to us for reconsideration of the award to the inter- *987 venor-workers’ and to treat plaintiffs claim for past medical expenses.
Seaberry v. Smith 532 So. 2d 107 La. 1988
The judgment of the Court of Appeal is affirmed in part, reversed in part, and to treat plaintiffs claim for past medical expenses.
Whitehead v. Fireman's Fund Ins. Co. 529 So. 2d 82 La. Ct. App. 3d Cir. 1988
We disagree, dispositive of this issue.
Ducote v. Albert 521 So. 2d 399 La. 1988
Senez v. Grumman Flxible Corp. 518 So. 2d 574 La. Ct. App. 4th Cir. 1987