Cited by
Opinions in Louisiana that cite Daigle v. Sherwin-Williams Co., 545 So. 2d 1005.
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Noto v. City of New Orleans Fire Dept.
883 So. 2d 439
La. Ct. App. 4th Cir. 2004
23:1221; -1009 (La.1989) [2] Notably, Noto enrolled in the course less than two weeks prior to trial.
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Calithia S. Thomas v. Westaff, Inc.
La. Ct. App. 3d Cir. 2004
“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.” 5
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Thomas v. Westaff, Inc.
874 So. 2d 926
La. Ct. App. 1st Cir. 2004
“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.”
- Lacaze v. Alliance Compressors 870 So. 2d 1150 La. Ct. App. 3d Cir. 2004
- Danuta Lacaze v. Alliance Compressors La. Ct. App. 3d Cir. 2004
- Cooper v. St. Tammany Parish School Bd. 862 So. 2d 1001 La. Ct. App. 1st Cir. 2003
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Darrell Ranel v. McDonald's
La. Ct. App. 3d Cir. 2003
1/14/94), ) (case citations omitted)(alteration in original).
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Ranel v. McDonald's
858 So. 2d 843
La. Ct. App. 1st Cir. 2003
Roofing & Sheet Metal Works, Inc., 96-2840, pp. 8-11 (La.7/1/97), -57 (quoting Pinkins v. Cardinal Wholesale Supply, Inc., Freeman v. Poulan/Weed Eater, 93-1530, p. 7 (La.1/14/94), ; ) (case citations omitted)(alteration in original).
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King v. Willstaff Worldwide, Inc.
855 So. 2d 981
La. Ct. App. 1st Cir. 2003
The determination on a SEBs claim is dependent on the particular “facts and circumstances” of each case, but must be made in light of the “jurisprudential tenet that workers’ compensation is to be liberally construed in favor of coverage.” (rehearing granted on other grounds).
- Ware v. Allen Parish School Bd. 854 So. 2d 374 La. Ct. App. 3d Cir. 2003
- Daniels v. Keller Supply, Inc. 854 So. 2d 416 La. Ct. App. 4th Cir. 2003
- Alphonso v. Bridge Terminal Transport 852 So. 2d 501 La. Ct. App. 1st Cir. 2003
- Cannedy v. Yarborough 858 So. 2d 504 La. Ct. App. 1st Cir. 2003
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Belaire v. Don Shetler Olds Buick Chevrolet
847 So. 2d 723
La. Ct. App. 3d Cir. 2003
With regard to his Christmas bonus and vacation time, and Harris v. Langston Co., Inc., 94-1266 (La.App.
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Short v. Allen Johnson Builders, Inc.
847 So. 2d 690
La. Ct. App. 1st Cir. 2003
“Th[is] analysis is necessarily a facts and circumstances one in which the court is mindful of the jurisprudential tenet that workers’ compensation law is to be liberally construed in favor of coverage.”
- Foy-Watson v. General Motors Corp. 847 So. 2d 85 La. Ct. App. 2d Cir. 2003
- Chelette v. RIVERWOOD INTERN. USA, INC. 843 So. 2d 1245 La. Ct. App. 3d Cir. 2003
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Dufrene v. VIDEO CO-OP, LA. WORKERS'COMP.
843 So. 2d 1066
La. 2003
See, e.g., Duncan v. State, DOTD, Breuhl v. Hercules Concrete Plumbing, Inc., 94-2311, p. 11 (La.App.
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Gaspard v. Dollar General Corp.
842 So. 2d 458
La. Ct. App. 1st Cir. 2003
“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.” La.R.S.
- Flintroy v. Scott Cummins Salvage 839 So. 2d 1231 La. Ct. App. 2d Cir. 2003
- Culotta v. AL & W. Moore Trucking Co. 839 So. 2d 1063 La. Ct. App. 2d Cir. 2003
- City of Eunice v. Carrier 844 So. 2d 900 La. Ct. App. 3d Cir. 2003
- Tynes v. Gaylord Container Corp. 844 So. 2d 80 La. Ct. App. 1st Cir. 2003
- Flagg v. Hixson Funeral Home 838 So. 2d 174 La. Ct. App. 1st Cir. 2003
- Moore v. City of New Orleans 839 So. 2d 380 La. Ct. App. 4th Cir. 2003
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Carignan v. LOUISIANA COMPRESSOR MAINT. CO.
836 So. 2d 476
La. Ct. App. 1st Cir. 2002
Payne v. Country Pride Foods, Ltd., (La.App.
- Palmer v. Schooner Petroleum Services 834 So. 2d 642 La. Ct. App. 3d Cir. 2002
- Gilcrease v. Wal-Mart Stores, Inc. 843 So. 2d 415 La. Ct. App. 2d Cir. 2002
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Bolton v. Mike Fleming Const.
833 So. 2d 1177
La. Ct. App. 2d Cir. 2002
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), ; Figueroa v. Hardtner Medical Center, supra .
- Smith v. JE Merit Constructors, Inc. 835 So. 2d 749 La. Ct. App. 1st Cir. 2002
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Burns v. St. Frances Cabrini Hosp.
830 So. 2d 572
La. Ct. App. 3d Cir. 2002
In G.N.B., Inc., the second circuit affirmed the WCJ's inclusion of holiday pay in the AWW calculation, -08 (La.1989) where the supreme court instructed that "[i]n determining the amount of pre-injury wages an employee earned, `[a]ny money paid the employee which can be regarded as remuneration or reward for his services should be included in fixing his compensation, irrespective of whether or not the payment was i
- Rose v. Lowe's of Alexandria 829 So. 2d 1104 La. Ct. App. 1st Cir. 2002
- Bruce v. Lakewood Country Club 828 So. 2d 666 La. Ct. App. 1st Cir. 2002
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Crowson v. L & D Community Care
817 So. 2d 479
La. Ct. App. 1st Cir. 2002
Peveto v. WHC Contractors, 93-1402 (La.1/14/94); .
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Louisiana Workers' Compensation Corp. v. Belt
815 So. 2d 1101
La. Ct. App. 1st Cir. 2002
the supreme court held that fringe benefits received by *1107 an employee should be included in the calculation of his average weekly wage.
- Foster v. Rabalais Masonry, Inc. 811 So. 2d 1160 La. Ct. App. 3d Cir. 2002
- Johnson v. Transerve 809 So. 2d 1179 La. Ct. App. 3d Cir. 2002
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Figueroa v. Hardtner Medical Center
805 So. 2d 1267
La. Ct. App. 2d Cir. 2002
Seal, supra, Todd, supra ; Kahlden, supra .
- Marshall v. Louisiana Pacific Corp. 799 So. 2d 837 La. Ct. App. 2d Cir. 2001
- Lewis v. Casino Magic 796 So. 2d 761 La. Ct. App. 2d Cir. 2001
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Holley v. Tate & Lyle
797 So. 2d 94
La. Ct. App. 1st Cir. 2001
“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.”
- Gibson v. Lake Charles Ice Pirates 788 So. 2d 720 La. Ct. App. 3d Cir. 2001
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Arledge v. Dolese Concrete Co.
807 So. 2d 876
La. Ct. App. 1st Cir. 2001
I would affirm the judgment of the workers' compensation judge.
- Charles v. Acadia St. Landry Guest Home 787 So. 2d 1206 La. Ct. App. 1st Cir. 2001
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Landry v. Physicians Practice Management
783 So. 2d 619
La. Ct. App. 3d Cir. 2001
Peveto v. WHC Contractors, 93-1402 (La.1/14/94); .
- Smith v. Gaylord Container Corp. 777 So. 2d 608 La. Ct. App. 1st Cir. 2000
- Atwood v. Ewing Timber, Inc. 774 So. 2d 1140 La. Ct. App. 2d Cir. 2000
- Caparotti v. Shreveport Pirates Football Club 768 So. 2d 186 La. Ct. App. 2d Cir. 2000
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Liga/Mortem Risk Management v. Franks
768 So. 2d 622
La. Ct. App. 1st Cir. 2000
the supreme court held that bonuses received by an employee should be included in the calculation of his average weekly wage.
- Turner v. Sunbelt Mfg. 763 So. 2d 770 La. Ct. App. 2d Cir. 2000