Cited by
Opinions in Louisiana that cite Bruno v. Harbert Intern. Inc., 593 So. 2d 357.
- Crockerham v. Weyerhaeuser Holden Wood Products 223 So. 3d 533 La. Ct. App. 1st Cir. 2017
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Frazier v. Covenant Services Worldwide
228 So. 3d 1275
La. Ct. App. 1st Cir. 2017
the workers’ compensation judge *1279 as to whether the claimant’s testimony is credible and whether the claimant has discharged her burden of proof are factual determinations and will not be disturbed upon review in the absence of manifest error or unless clearly wrong, Bruno v. Harbert Int'l, Inc., (La.
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RHONDA TIMBERLAKE VERSUS CHRISTUS HEALTH CENTRAL LOUISIANA D/B/A CHRISTUS ST. FRANCES CABRINI HOSPITAL
La. Ct. App. 3d Cir. 2017
Bruno v. Harbert Int’l Inc.
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Timberlake v. Christus Health Central Louisiana
221 So. 3d 284
La. Ct. App. 1st Cir. 2017
Bruno v. Harbert Int’l Inc., This standard of review precludes an appellate court from setting aside a trial court’s finding of fact in the absence of a manifest error or unless it is clearly wrong.
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Allen v. Graphic Packaging International, Inc.
211 So. 3d 1219
La. Ct. App. 2d Cir. 2017
Discussion A threshold requirement in a workers’ compensation case is that a plaintiff establish “personal injury by accident arising out of and in the course of his employment.” Bruno v. Harbert Int’l, Inc., (La.
- Kirk A. Sparrow v. City of Jeanerette La. Ct. App. 3d Cir. 2016
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Sparrow v. City of Jeanerette
210 So. 3d 460
La. Ct. App. 1st Cir. 2016
Bruno v. Harbert Int’l Inc., (La.
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Thibodaux v. Grand Isle Shipyard, Inc.
207 So. 3d 459
La. Ct. App. 1st Cir. 2016
Bruno v. Harbert Int’l Inc., (La.
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Evrin S. Ford v. Bechtel Og&c Construction Services, Inc.
La. Ct. App. 3d Cir. 2016
herniations or made them worse, and that is the precipitating cause of her lower back complaints.” Injury in the Course and Scope of Employment If a worker brings a workers’ compensation claim against her employer, she bears the burden of initially proving that she suffered “personal injury by accident arising out of and in the course of [her] employment.” Bruno v. Harbert Int’l Inc.
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Alvin Bartley v. Schlumberger Technology Co.
La. Ct. App. 3d Cir. 2016
1/19/11), (citing Bruno v. Harbert Int’l, Inc., ).
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Bartley v. Schlumberger Technology Co.
209 So. 3d 123
La. Ct. App. 1st Cir. 2016
1/19/11), (citing Bruno v. Harbert Int’l, Inc., ).
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Ford v. Bechtel O.G.C. Construction Services, Inc.
209 So. 3d 110
La. Ct. App. 1st Cir. 2016
isting disc herniations or made them worse, and that is the precipitating cause of her lower back complaints.” Injury in the Course and Scope of Employment If a worker brings a workers’ compensation claim against her employer, she bears the burden of initially proving that she suffered “personal injury by accident arising out of and in the course of [her] employment.” Bruno v. Harbert Int’l Inc.
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Margaret Gaines v. Pinecrest Supports & Services Center
La. Ct. App. 3d Cir. 2016
Bruno v. Harbert Int’l, Inc., -61 (La.1992).
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Perez v. Express Jet
197 So. 3d 270
La. Ct. App. 2d Cir. 2016
Iberia Medical Center v. Ward, 09-2705 (La.11/30/10), ; Bruno v. Harbert International, Inc., Hill v. IASIS Glenwood Regional Medical, 50,531 (La.App.2d Cir.05/18/16), .
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O'Bannon v. Moriah Technologies, Inc.
196 So. 3d 127
La. Ct. App. 1st Cir. 2016
Prine, 157 So.3d at 739, citing Bruno v. Harbert International, Inc.
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Diana George v. Cajun Outdoor Productions, LLC
La. Ct. App. 3d Cir. 2016
3 views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” Burden of Proof When a worker brings a compensation claim against her employer, she bears the burden of initially proving that she suffered “personal injury by accident arising out of and in the course of [her] employment.” Bruno v. Harbert Int’l. Inc., La.R.S.
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George v. Cajun Outdoor Productions, L.L.C.
194 So. 3d 1231
La. Ct. App. 1st Cir. 2016
“where there are two permissible |4views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” Burden of Proof When a worker brings a compensation claim against her employer, she bears the burden of initially proving that she suffered “personal injury by accident arising out of and in the course of [her] employment.” Bruno v. Harbert Int’l. Inc., La.R.S.
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Dow v. Chalmette Restaurant, Ltd.
193 So. 3d 1222
La. Ct. App. 1st Cir. 2016
In deciding whether the claimant has discharged her burden of proof, the fact-finder “should accept as true a witness’s uncontradicted testimony, although-the witness is a party, absent circumstances casting suspicion on the reliability of the testimony’” Bruno v. Harbert Int’l, Inc.
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Hill v. Iasis Glenwood Regional Medical
195 So. 3d 536
La. Ct. App. 2d Cir. 2016
23:1031 A. A claimant’s testimony alone may be sufficient to establish an accident provided that “(1) no other evidence discredits or casts serious doubt upon the worker’s version of the incident, *541 |7and (2) the worker’s testimony is corroborated by the circumstances following the alleged incident.” Brown v. Offshore Energy Serv., 47,392 (La.App.
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Fernandez v. Hand Construction, LLC
194 So. 3d 1149
La. Ct. App. 1st Cir. 2016
4 Cir. 7/20/11), , citing Bruno v. Harbert International, Inc.
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Allen Johnson v. Great West Casualty Company
La. Ct. App. 3d Cir. 2016
orrectly identified the jurisprudential requirements for an injured worker to carry his burden of proof in a claim for an unwitnessed accident, it was clear error by the trial court to have failed to determine whether evidence cast serious doubt upon plaintiff’s version of events, as required by Bruno v. Harbert International, Inc., (La.
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Leidelmeijen v. Ferncrest Manor Nursing Home Luba Workers' Comp.
191 So. 3d 38
La. Ct. App. 1st Cir. 2016
Buxton v. Iowa Police Dep’t, 09-0520, pp. 18-19 (La.10/20/09), , 287 (citing Bruno v. Harbert International, Inc., ).
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Johnson v. Great West Casualty Co.
186 So. 3d 1276
La. Ct. App. 1st Cir. 2016
Having correctly identified the jurisprudential requirements for an injured worker to cany his burden of proof in a claim for an unwitnessed • accident, it was clear error by the trial court to have failed to determine whether evidence cast serious doubt upon plaintiffs version of events, as required by Bruno v. Harbert International, Inc., and Ardoin v. Firestone Polymers, L.L.C., 2010-0245 (La.1/19/11), .
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Namias v. Sunbelt Innovative Plastics, LLC
190 So. 3d 745
La. Ct. App. 1st Cir. 2016
Prine, 157 So.3d at 739 , citing Bruno v. Harbert International, Inc.
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Payton v. Sears, Roebuck & Co.
187 So. 3d 84
La. Ct. App. 1st Cir. 2016
4 Cir. 7/20/11), , citing Bruno v. Harbert International, Inc., (La.
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Calumet GP, LLC v. Garrett
186 So. 3d 712
La. Ct. App. 2d Cir. 2016
Bruno v. Harbert Int’l, Inc., -61 (La.1992).
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Donovan Meche v. Gray Insurance Company
La. Ct. App. 3d Cir. 2015
Bruno v. Harbert Int’l Inc., (citations omitted).
- Meche v. Gray Insurance Co. 178 So. 3d 640 La. Ct. App. 1st Cir. 2015
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Mona Leblanc v. Wal-Mart Stores, Inc.
La. Ct. App. 3d Cir. 2015
See Bruno v. Harbert Int’l. Inc.
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LeBlanc v. Wal-Mart Stores, Inc.
177 So. 3d 1125
La. Ct. App. 1st Cir. 2015
See Bruno v. Harbert Int’l. Inc.
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Harvey v. Sol's Pipe & Steel, Inc.
180 So. 3d 486
La. Ct. App. 2d Cir. 2015
Bruno v. Harbert Int’l, Inc,, Dugan v. St.
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Galiano v. Lucky Coin Machine Co.
177 So. 3d 742
La. Ct. App. 1st Cir. 2015
Bruno v. Harbert International, Inc.
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Thomas Gibson v. Resin Systems, Inc. and Luba
La. Ct. App. 3d Cir. 2015
7/2/12), -58 (citations omitted), the supreme court outlined the burden for a workers’ compensation claimant to prove an unwitnessed accident as originally set forth in Bruno v. Harbert International, Inc., : The employee in a compensation action has the burden of establishing a work-related accident by a preponderance of the evidence.
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Herbert Marshall v. Courville Toyota
La. Ct. App. 3d Cir. 2015
(first alteration ours), the supreme court stated: A worker’s testimony alone may be sufficient to discharge this burden of proof, provided two elements are satisfied: (1) no other evidence discredits or casts serious doubt upon the worker’s version of the incident; and (2)
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Gibson v. Resin Systems, Inc.
175 So. 3d 1141
La. Ct. App. 1st Cir. 2015
| sIn Marange v. Custom Metal Fabricators, Inc., 11-2678, p. 6 (La.7/2/12), -58 (citations omitted), the supreme court outlined the burden for a workers’ compensation claimant to prove an unwitnessed accident as originally set forth in Bruno v. Harbert International, Inc., : The employee in a compensation action has the burden of establishing a work-related accident by a preponderance of the evidence.
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Marshall v. Courvelle Toyota
175 So. 3d 1069
La. Ct. App. 1st Cir. 2015
(first alteration ours), the supreme court stated: A- worker’s testimony alone may be sufficient to discharge this burden of proof, provided two elements are satisfied: (1) no other evidence discredits or casts serious doubt upon the worker’s version of the incident; and (2) the worker’s testimony is co
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Summers v. Ritz-Carlton New Orleans
171 So. 3d 329
La. Ct. App. 1st Cir. 2015
5 Cir. 3/9/10) , , citing, Bruno v. Harbert International, Inc.
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Bridges v. Gaten's Adventures Unlimited, L.L.C.
167 So. 3d 992
La. Ct. App. 1st Cir. 2015
Vargas v. Petrin Corporation, 12-1212 (La.App.
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Jason Montou v. Boise Cascade Company
La. Ct. App. 3d Cir. 2015
Bruno v. Harbert Int’l. Inc.
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Montou v. Boise Cascade Co.
160 So. 3d 637
La. Ct. App. 1st Cir. 2015
Bruno v. Harbert Int’l. Inc.
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Hayward v. Boh Bros. Construction Co.
169 So. 3d 622
La. Ct. App. 1st Cir. 2015
Bruno v. Harbert International, Inc.
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Roland Sorile v. Lott Oil Company
La. Ct. App. 3d Cir. 2015
Bruno v. Harbert International, Inc., Ardoin v. Firestone Polymers, L.L.C., 10-0245, p. 5 (La.1/19/11)
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Sorile v. Lott Oil Co.
160 So. 3d 178
La. Ct. App. 1st Cir. 2015
Bruno v. Harbert International, Inc., Ardoin v. Firestone Polymers, L.L.C., 10-0245, p. 5 (La.1/19/11), .
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Marlon Lavalais v. Gilchrist Construction Co., LLC
La. Ct. App. 3d Cir. 2015
5 Cir. 5/29/02), writ denied, 02-1810 (La.10/4/02), (quoting Bruno v. Harbert Int’l, Inc., ).
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Tubre v. Automobile Club of Southern California
160 So. 3d 1021
La. Ct. App. 1st Cir. 2015
In Marange v. Custom Metal Fabricators, Inc., 2011-2678, p. 6 (La.7/2/12), -58 (per curiam) (citations omitted), the Supreme Court |7outIined a workers’ compensation claimant’s burden of proof for an unwit-nessed accident as originally set forth in Bruno v. Harbert International, Inc., : The employee in a compensation action has the burden of establishing a work-related accident by a preponderance of the evidence.
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Lavalais v. Gilchrist Construction Co.
158 So. 3d 195
La. Ct. App. 1st Cir. 2015
5 Cir. 5/29/02), , writ denied, 02-1810 (La.10/4/02), (quoting Bruno v. Harbert Int’l, Inc., ).
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Harris v. City of Bastrop
161 So. 3d 948
La. Ct. App. 2d Cir. 2015
Bruno v. Harbert Int’l Inc., Buxton v. Iowa Police Dept., supra; State, DOTD v. Berry, supra.
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Millender v. Basf Corp.
168 So. 3d 649
La. Ct. App. 1st Cir. 2014
See also Bruno v. Harbert International, Inc.
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Earl J. Thibodeaux v. Carroll's Towing
La. Ct. App. 3d Cir. 2014
7/2/12), -58 (per curiam) (citations omitted), the supreme court outlined a workers’ compensation claimant’s burden of proof for an unwitnessed accident as originally set forth in Bruno v. Harbert International, Inc., : The employee in a compensation action has the burden of establishing a work-related accident by a preponderance of the evidence.
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Thibodeaux v. Carroll's Towing
150 So. 3d 551
La. Ct. App. 1st Cir. 2014
STANDARD OF REVIEW In Marange v. Custom Metal Fabricators, Inc., 11-2678, p. 6 (La.7/2/12), -58 (per curiam) (citations omitted), the supreme court outlined a workers’ compensation claimant’s burden of proof for an unwitnessed accident as originally set forth in Bruno v. Harbert International, Inc., (La.