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Opinions in Louisiana that cite Allen v. City of Shreveport, 618 So. 2d 386.

38 citing documents.

Russell v. Sewerage & Water Board New Orleans 187 So. 3d 94 La. Ct. App. 1st Cir. 2016
By seeking SEBs, which is a method of replacement of lost wages for partially disabled employees, Mr. Russell acknowledges that he is not totally • disabled from gainful employment.
Cecilia Rachal v. Wal-Mart Corporation La. Ct. App. 3d Cir. 2015
Since Ms. Rachal established that she is unable to earn ninety percent of her pre-injury wages, the burden then shifted to Wal-Mart to establish that she is “physically able to perform a certain job and that the job was offered to [her] or was available to [her] in a reasonable geographic location.”
Rachal v. Wal-Mart Corp. 165 So. 3d 441 La. Ct. App. 1st Cir. 2015
Since Ms. Rachal established that she is unable to earn ninety percent of her pre-injury wages, the burden then shifted to Wal-Mart to establish that she is “physi- ' cally able to perform a certain job and that the job was offered to [her] or was available to [her] in a reasonable geographic location.”
Rhonda Timberlake v. Christus Health Central Louisiana D/B/A Fara Insurance Services La. Ct. App. 3d Cir. 2013
Patrick Gleason v. Lafayette General Medical Center La. Ct. App. 3d Cir. 2013
Allen v. The City of Shreveport, 92-874 (La.5/24/93), found an employee was still entitled to SEB even though he could return to his former employment which was no longer available to him, as is the case here.
Lopez v. Marques Food Distributors 110 So. 3d 1132 La. Ct. App. 1st Cir. 2013
Patrick Gleason v. Lafayette General Medical Center La. Ct. App. 3d Cir. 2012
Allen v. The City of Shreveport 92-874 (La.5/24/93), found an employee was still entitled to SEB even though he could return to his former employment which was no longer available to him as is the case here.
Patterson v. General Motors Co. 73 So. 3d 465 La. Ct. App. 2d Cir. 2011
a “general economic downturn” is not a valid consideration.
Poissenot v. St. Bernard Parish Sheriff's Office 56 So. 3d 170 La. 2011
389 (La.1993), where the employee was able to return to his pre-injury sedentary job but the position had been eliminated before he could return, the Court held that “[i]t is irrelevant whether the claimant is physically able to perform his former sedentary job that is no longer available” and that “[t]he releva
Fassitt v. Jefferson Parish Hospital Service 974 So. 2d 757 La. Ct. App. 5th Cir. 2007
This argument is based on Allen v. City of Shreveport, 92-0874 (La.5/24/93), , which held that it is irrelevant for the purposes of entitlement of supplemental earnings benefits whether an employee can return to a former position if that is unavailable.
The Standard Companies, Inc. v. Kirk A. Trahan La. Ct. App. 3d Cir. 2005
Standard Companies v. Trahan 918 So. 2d 1167 La. Ct. App. 1st Cir. 2005
Tuckerson v. Holiday Retirement Corp. 892 So. 2d 626 La. Ct. App. 1st Cir. 2004
23:1221(3)(c)(i); Freeman, supra, at p. 7 ; Daigle, supra, 545 So.2d at 1008-9
Jones v. General Motors Corp. 847 So. 2d 6 La. Ct. App. 2d Cir. 2003
Bradley v. ConAgra Poultry Co. 843 So. 2d 1255 La. Ct. App. 3d Cir. 2003
Flintroy v. Scott Cummins Salvage 839 So. 2d 1231 La. Ct. App. 2d Cir. 2003
Palmer v. Schooner Petroleum Services 834 So. 2d 642 La. Ct. App. 3d Cir. 2002
the supreme court summarized the purpose of SEBs as follows: Supplemental earnings benefits were established in 1983 as a method of replacement of lost wages for partially disabled employees.
Crowson v. L & D Community Care 817 So. 2d 479 La. Ct. App. 1st Cir. 2002
Landry v. Physicians Practice Management 783 So. 2d 619 La. Ct. App. 3d Cir. 2001
Kibodeaux v. Cajun Bag and Supply Co. 742 So. 2d 582 La. Ct. App. 3d Cir. 1999
the court made clear that where the claimant's previous position is unavailable, the relevant question is not whether the claimant could return to his former employment, but whether he is partially disabled and whether he is unable to earn 90% of his pre-injury wage.
Kortz v. Colt Energy Services, Inc. 698 So. 2d 460 La. Ct. App. 5th Cir. 1997
Johnson v. Apeck Const., Inc. 692 So. 2d 476 La. Ct. App. 3d Cir. 1997
23:1221(3)(c)(I); Freeman, supra, at p. 7 ; Daigle, supra, 545 So.2d at 1008-9 [09]
Glynn v. City of New Orleans 672 So. 2d 1112 La. Ct. App. 4th Cir. 1996
Bass v. National Maintenance Corp. 665 So. 2d 782 La. Ct. App. 1st Cir. 1995
addressed the employee's burden of proof under LSA-R.S.
Warren v. Progressive Healthcare Providers 664 So. 2d 462 La. Ct. App. 1st Cir. 1995
Once the employee has satisfied this burden, the employer must establish that the employee is earning less than he is “able to earn” by showing that the “employee is physically able to perform a certain [higher paying] job and that the job was offered to him or was available to him in a reasonable geographic location.” La.R.S.
Hurst v. Baker Sand Control 671 So. 2d 408 La. Ct. App. 1st Cir. 1995
Carter v. New Orleans Fire Dept. 646 So. 2d 455 La. Ct. App. 4th Cir. 1995
Woolley v. CAS Refining, Inc. 651 So. 2d 860 La. Ct. App. 3d Cir. 1995
Stutes v. Koch Services, Inc. 649 So. 2d 987 La. Ct. App. 3d Cir. 1994
Penton v. SIEMENS ENERGY AND AUTOMATION 646 So. 2d 496 La. Ct. App. 4th Cir. 1994
Fusilier v. Slick Const. Co. 640 So. 2d 788 La. Ct. App. 3d Cir. 1994
The court recently summarized the purpose of supplemental earnings benefits in Allen v. City of Shreveport (La.
Allen v. City of Shreveport 637 So. 2d 123 La. 1994
Allen v. City of Shreveport 637 So. 2d 123 La. 1994
Smith v. Louisiana Dept. of Corrections 633 So. 2d 129 La. 1994
23:1221(3)(c)(i); Freeman, supra, at p. 7 ; Daigle, supra, 545 So.2d at 1008-9 ; (La.
Freeman v. Poulan/Weed Eater 630 So. 2d 733 La. 1994
23:1221(3)(c)(i); Daigle, supra, at 1008-9
Peveto v. WHC Contractors 630 So. 2d 689 La. 1994
Morris v. Norco Const. Co. 632 So. 2d 332 La. Ct. App. 1st Cir. 1993
Allen v. City of Shreveport 626 So. 2d 854 La. Ct. App. 2d Cir. 1993

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