Cited by

Opinions in Louisiana that cite Daigle v. Sherwin-Williams Co., 545 So. 2d 1005.

259 citing documents.

Viney J. Silas v. Sowela Technical College La. Ct. App. 3d Cir. 2012
“In determining if an injured employee has made out a prima facie case of entitlement to [SEBs], the trial court may and should take into account all those factors which might bear on an employee’s ability to earn a wage.” (quoting Gaspard v. St.
Silas v. Sowela Technical College 84 So. 3d 710 La. Ct. App. 1st Cir. 2012
“In determining if an injured employee has made out a prima facie case of entitlement to [SEBs], the trial court may and should take into account all those factors which might bear on an employee’s ability to earn a wage.” (La.
Barbara Richard v. Calcasieu Parish School Board La. Ct. App. 3d Cir. 2011
“Th[is] analysis is necessarily a facts and circumstances one in which the court is mindful of the jurisprudential tenet that workers‟ compensation is to be liberally construed in favor of coverage.”
Richard v. Calcasieu Parish School Board 79 So. 3d 359 La. Ct. App. 3d Cir. 2011
Richard v. Calcasieu Parish School Board 125 So. 3d 1113 La. Ct. App. 1st Cir. 2011
“In determining if an injured employee has made out a prima facie case of entitlement to [SEBs], the trial court may and should take into account all those factors which might bear on an employee’s ability to earn a wage.” (quoting Gaspard v. St.
Angie Brown v. Shop Rite, Inc. La. Ct. App. 3d Cir. 2011
23:1221(3)(c)(i); Banks, [696 So.2d] at 556; Daigle [v. 5 Sherwin-Williams Co., ].
Brown v. Shop Rite, Inc. 75 So. 3d 1002 La. Ct. App. 1st Cir. 2011
23:1221(3)(c)(i); Banks , [696 So.2d] at 556; Daigle [v. Sherwin-Williams Co., ].
James Sharp v. Landscape Management Services La. Ct. App. 3d Cir. 2011
“In determining if an injured employee has made out a prima facie case of entitlement to [SEBs], the trial court may and should take into account all those factors which might bear on an employee’s ability to earn a wage.” (quoting Gaspard v. St.
Barbara Richard v. Calcasieu Parish School Board La. Ct. App. 3d Cir. 2011
“Th[is] analysis is necessarily a facts and circumstances one in which the court is mindful of the jurisprudential tenet that workers‟ compensation is to be liberally construed in favor of coverage.”
Sharp v. LANDSCAPE MANAGEMENT SERVICES 74 So. 3d 1239 La. Ct. App. 1st Cir. 2011
“In determining if an injured employee has made out a prima facie case of entitlement to [SEBs], the trial court may and should take into account all those factors which might bear on an employee’s ability to earn a wage.” (quoting Gaspard v. St.
Kinchen v. City of Shreveport 73 So. 3d 1011 La. Ct. App. 2d Cir. 2011
Patterson v. General Motors Co. 73 So. 3d 465 La. Ct. App. 2d Cir. 2011
In determining if an injured employee has made out a prima facie case of entitlement to SEB, the court “may and should take into account all those factors which might bear on an employee’s ability to earn a wage.”
Dwayne Olivier v. City of Eunice La. Ct. App. 3d Cir. 2011
Olivier v. City of Eunice 66 So. 3d 1244 La. Ct. App. 1st Cir. 2011
Kelly v. TJ MAXX 67 So. 3d 643 La. Ct. App. 1st Cir. 2011
| B“In determining if an injured employee has made out a prima facie case of entitlement to supplemental earnings benefits, the trial court may and should take into account all those factors which might bear on an employee’s ability to earn a wage.”
Poissenot v. St. Bernard Parish Sheriff's Office 56 So. 3d 170 La. 2011
“In determining if an injured employee has made out a prima facie case of entitlement to [SEBs], the trial court may and should take into account all those factors which might bear on an employee’s ability to earn a wage.” (quoting Gaspard v. St.
Duplessis v. Tulane University Medical Center 47 So. 3d 992 La. Ct. App. 1st Cir. 2010
Gloria Clay v. Our Lady of Lourdes Regional Medical Center, Inc. La. Ct. App. 3d Cir. 2010
Clay v. Our Lady of Lourdes Regional Medical Center, Inc. 38 So. 3d 1196 La. Ct. App. 1st Cir. 2010
Alfortish v. Roughneck Construction, LLC 40 So. 3d 1004 La. Ct. App. 1st Cir. 2010
Montgomery v. Lafayette Parish School Board 31 So. 3d 1071 La. Ct. App. 3d Cir. 2010
see also Banks, and Manpower Temp.
Connor v. Family Dollar Store 36 So. 3d 339 La. Ct. App. 1st Cir. 2010
Gasway v. Cellxion, Inc. 31 So. 3d 566 La. Ct. App. 2d Cir. 2010
2 Cir. 3/14/07), ; Banks, supra
Edward Montgomery v. Lafayette Parish School Board La. Ct. App. 3d Cir. 2009
The courts have clearly provided that this analysis is “necessarily a facts and circumstances one in which the court is mindful of the jurisprudential tenet that the workers’ compensation law is to be construed liberally in favor of finding coverage.” Daigle v. Sherwin-Williams Co., -5- see also Banks, and Manpower Temp.
Adams v. Sysco Food Service of New Orleans 990 So. 2d 34 La. Ct. App. 5th Cir. 2008
McCray v. Intralox, Inc. 987 So. 2d 267 La. Ct. App. 1st Cir. 2008
Brien v. Leon Angel Constructors, Inc. 978 So. 2d 576 La. Ct. App. 2d Cir. 2008
Terral v. JUSTISS OIL CO. INC. 979 So. 2d 589 La. Ct. App. 3d Cir. 2008
He concludes, therefore, that in order to defeat his SEB claim, Justiss Oil was required to "prove that the employee is physically able to perform a certain job and that the job was offered or available to the employee in his community or reasonable geographic region" and Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Marion Thomas Terral, Jr. v. Justiss Oil Company, Inc. La. Ct. App. 3d Cir. 2008
ltant inability to earn at least [ninety percent] of his pre-injury wages.” He concludes, therefore, that in order to defeat his SEB claim, Justiss Oil was required to “prove that the employee is physically able to perform a certain job and that the job was offered or available to the employee in his community or reasonable geographic region” and Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.
Trahan v. City of Crowley 967 So. 2d 557 La. Ct. App. 3d Cir. 2007
3 Cir. 8/10/94) , , writ denied, 94-2804 (La.1/13/95), , (La.
Michael W. Trahan v. City of Crowley La. Ct. App. 3d Cir. 2007
1/13/95), and Bananno v. Employer’s Mutual Liability Insurance Co. of Wisconsin, (La.App.
Lee v. Heritage Manor of Bossier City 954 So. 2d 276 La. Ct. App. 2d Cir. 2007
Synigal v. Vanguard Car Rental 951 So. 2d 1197 La. Ct. App. 5th Cir. 2007
Nadine Lanthier v. Family Dollar Store La. Ct. App. 3d Cir. 2006
Lanthier v. Family Dollar Store 942 So. 2d 732 La. Ct. App. 3d Cir. 2006
Robert Sepulvado Logging, Inc. v. Sepulvado 931 So. 2d 528 La. Ct. App. 3d Cir. 2006
Robert Sepulvado Logging v. Julius Sepulvado La. Ct. App. 3d Cir. 2006
“Th[is] analysis is necessarily a facts and circumstances one in which the court is mindful of the jurisprudential tenet that workers’ compensation is to be liberally construed in favor of coverage.”
Thompson v. City of New Orleans 933 So. 2d 207 La. Ct. App. 4th Cir. 2006
[6] We note that in its brief, for the proposition that the average, rather than the lowest, wage paid by jobs identified during the vocational rehabilitation process as being suitable for an employee should be used in calculating the employee's supplemental earnings benefit.
Dupree v. International House of Pancakes 934 So. 2d 183 La. Ct. App. 1st Cir. 2006
Johnson v. Orleans Parish School Bd. 932 So. 2d 687 La. Ct. App. 4th Cir. 2006
Adrian Broussard v. Lafayette Parish School Board La. Ct. App. 3d Cir. 2006
Broussard v. Lafayette Parish School Bd. 926 So. 2d 713 La. Ct. App. 3d Cir. 2006
Tina Palmer v. Alliance Compressors La. Ct. App. 3d Cir. 2005
Palmer v. Alliance Compressors 917 So. 2d 510 La. Ct. App. 3d Cir. 2005
Zirlott v. Chitimacha Tribe of Louisiana 915 So. 2d 860 La. Ct. App. 1st Cir. 2005
Anderson v. Eckerd Corp. 915 So. 2d 901 La. Ct. App. 1st Cir. 2005
-09 (La.1989); see also Caparotti v. Shreveport Pirates Football Club, 33,570, p. 4 (La.App.2d Cir.8/23/00), , writ denied, 2000-2947 (La.12/15/00), (declining to include value of *904 alleged additional benefits in calculation of workers' compensation rate was not clearly wrong
Winford v. Conerly Corp. 897 So. 2d 560 La. 2005
Michael Tauzin v. Louisiana Pigment Company La. Ct. App. 3d Cir. 2005
the supreme court stated, “[i]n determining if an injured employee has made out a prima facie case of entitlement to supplemental earnings benefits, the trial court may and should take into account all those factors which might bear on an employee’s ability to earn a wage.” The human resource mana
Tauzin v. Louisiana Pigment Co. 894 So. 2d 560 La. Ct. App. 1st Cir. 2005
the supreme court stated, “[i]n determining if an injured employee has made out a prima facie case of entitlement to supplemental earnings benefits, the trial court may and should take into account all those factors which might bear on an employee’s ability to earn a wage.” The human resource manager
Tuckerson v. Holiday Retirement Corp. 892 So. 2d 626 La. Ct. App. 1st Cir. 2004
23:1221(3)(a); Peveto v. WHC Contractors, et al, 93-1402, p. 5-6