Matthews v. City of Alexandria
Matthews v. City of Alexandria, 592 So. 2d 1285 (La. 1992).
Cited by
- Allen v. City of Shreveport 637 So. 2d 123 La. 1994
- Allen v. City of Shreveport 637 So. 2d 123 La. 1994
- Lake Charles Dodge v. LeBlanc 640 So. 2d 358 La. Ct. App. 1st Cir. 1994
- Walker v. Parish of Jefferson 631 So. 2d 1382 La. Ct. App. 5th Cir. 1994
- State, Department of Transportation & Development v. Sanders 628 So. 2d 1207 La. Ct. App. 1st Cir. 1993
- Matthews v. City of Alexandria 619 So. 2d 57 La. 1993
- Nugent v. Dept. of Health & Human Res. 617 So. 2d 1347 La. Ct. App. 3d Cir. 1993
- Vallery v. State 605 So. 2d 1380 La. Ct. App. 3d Cir. 1992
- Matthews v. City of Alexandria 602 So. 2d 731 La. Ct. App. 1st Cir. 1992
Opinion text
592 So.2d 1285 (1992) Randy MATTHEWS v. CITY OF ALEXANDRIA, et al. No. 91-C-2848. Supreme Court of Louisiana. February 14, 1992. *1286 PER CURIAM. The court of appeal correctly concluded that the City of Alexandria was entitled to a credit for the disability retirement benefits paid to the employee "in the proportion funded by the employer." However, the court of appeal did not calculate the amount of the proportionate credit on the basis of the record, nor did the court of appeal remand the case to the district court to calculate and award the credit due to the City in proportion to the City's funding of the plan. Plaintiff's application to this court argues, among other things, that credit should be denied to the City because the City did not bear its burden of proving entitlement to any credit, having failed to prove the extent and proportion of its funding of the plan. Accordingly, the application is granted in part, and the matter is remanded to the court of appeal to determine on the record the credit, if any, due to the City of Alexandria. Otherwise, the application is denied. WATSON, J., concurs but notes that if the evidence is not now in the record, the City loses. HALL, J., would grant and docket to consider other issues raised by plaintiff's application.