Cited by
Opinions in Louisiana that cite Pinkins v. Cardinal Wholesale Supply, Inc., 619 So. 2d 52.
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Smith v. Gaylord Container Corp.
777 So. 2d 608
La. Ct. App. 1st Cir. 2000
Pinkins v. Cardinal Wholesale Supply, Inc.
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Atwood v. Ewing Timber, Inc.
774 So. 2d 1140
La. Ct. App. 2d Cir. 2000
Pinkins v. Cardinal Wholesale Supply, Inc.
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Comeaux v. City of Crowley
773 So. 2d 899
La. Ct. App. 1st Cir. 2000
Our courts do not exist in a vacuum, immune to the realities of the real world.” Pinkins v. Cardinal Wholesale Supply, Inc.
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Caparotti v. Shreveport Pirates Football Club
768 So. 2d 186
La. Ct. App. 2d Cir. 2000
Pinkins v. Cardinal Wholesale Supply, Inc.
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Turner v. Sunbelt Mfg.
763 So. 2d 770
La. Ct. App. 2d Cir. 2000
Pinkins v. Cardinal Wholesale Supply, Inc.
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Town of Basile v. Clark
769 So. 2d 591
La. Ct. App. 3d Cir. 2000
LAW AND ANALYSIS In determining the issues presented on appeal, this court is cognizant of the principles set forth in Pinkins v. Cardinal Wholesale Supply, Inc., (La.
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Bolton v. Tulane University
755 So. 2d 1003
La. Ct. App. 4th Cir. 2000
Pinkins v. Cardinal Wholesale Supply, Inc.
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City of Eunice v. Credeur
746 So. 2d 146
La. Ct. App. 3d Cir. 2000
Pinkins v. Cardinal Wholesale Supply, Inc.
- McCarroll v. Airport Shuttle, Inc. 743 So. 2d 827 La. Ct. App. 1st Cir. 1999
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Bertsch v. South Gateway Tire
738 So. 2d 1225
La. Ct. App. 2d Cir. 1999
Discussion “The purpose of S.E.Bs is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident.” Pinkins v. Cardinal Wholesale Supply, Inc.
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Gray v. Premier Staffing
736 So. 2d 340
La. Ct. App. 1st Cir. 1999
Moreover, as recognized by the Louisiana Supreme Court in Pinkins v. Cardinal Wholesale Supply, Inc., job availability means more than job possibilities.
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Bennett v. Rodeway Inn
734 So. 2d 129
La. Ct. App. 1st Cir. 1999
DISCUSSION SEB [7“The purpose of SEBs [sic] is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident.” Pinkins v. Cardinal Wholesale Supply, Inc.
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Nelson v. City of Grambling
722 So. 2d 358
La. Ct. App. 2d Cir. 1998
Pinkins v. Cardinal Wholesale Supply, Inc.
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Parkes v. Prien Pines Nursery
722 So. 2d 36
La. Ct. App. 3d Cir. 1998
The purpose of SEB as defined by the supreme court in Banks is to "`compensate the injured employee for the wage earning capacity that he has lost as a result of his accident.'" Banks, 696 So.2d at 556 , (quoting Pinkins v. Cardinal Wholesale Supply, Inc., ).
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Leger v. Young Broadcasting, Inc.
720 So. 2d 817
La. Ct. App. 3d Cir. 1998
See Pinkins v. Cardinal Wholesale Supply, Inc., Banks, .
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Harrison v. Frank & Janie Seafood Rest.
718 So. 2d 1003
La. Ct. App. 2d Cir. 1998
Pinkins v. Cardinal Wholesale Supply, Inc.
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Benoit v. Frank's Casing Crew
713 So. 2d 762
La. Ct. App. 3d Cir. 1998
Pinkins v. Cardinal Wholesale Supply, Inc.
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Gilmore v. SGB Const. Services, Inc.
712 So. 2d 663
La. Ct. App. 1st Cir. 1998
Pinkins v. Cardinal Wholesale Supply, Inc.
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Rareshide v. Mobil Oil Corp.
719 So. 2d 494
La. Ct. App. 4th Cir. 1998
Banks, 696 So.2d at 556 , citing Pinkins v. Cardinal Wholesale Supply, Inc.
- Thibodeaux v. Stamm-Scheele, Inc. 711 So. 2d 426 La. Ct. App. 1st Cir. 1998
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Harris v. Bancroft Bag, Inc.
714 So. 2d 44
La. Ct. App. 2d Cir. 1998
(emphasis ours) Daugherty v. Domino's Pizza, 95-1394 (La.5/21/96), ; and cases cited therein.
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Kahlden v. Horseshoe Entertainment
709 So. 2d 873
La. Ct. App. 2d Cir. 1998
Pinkins v. Cardinal Wholesale Supply, Inc.
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Britton v. City of Natchitoches
707 So. 2d 142
La. Ct. App. 3d Cir. 1998
See Pinkins v. Cardinal Wholesale Supply, Inc.
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Seal v. Gaylord Container Corp.
704 So. 2d 1161
La. 1997
("Our courts should look to the totality of factors related to a realistic appraisal of access to employment.").
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Jones v. Evangeline of Natchitoches, Inc.
704 So. 2d 905
La. Ct. App. 1st Cir. 1997
In Pinkins v. Cardinal Wholesale Supply, Inc., the Louisiana Supreme Court stated the following: It is well established that the workers’ compensation act is remedial in nature.
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Bourgeois v. Akzo Nobel Salt, Inc.
702 So. 2d 762
La. Ct. App. 1st Cir. 1997
Regarding the general scheme of workers’ compensation law, we note the underlying principle that workers’ compensation law is to be construed liberally in favor of the injured employee in order “to effectuate the humane policies it reflects.” Pinkins v. Cardinal Wholesale Supply, Inc.
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Banks v. Indus. Roofing & Sheet Metal
696 So. 2d 551
La. 1997
Pinkins v. Cardinal Wholesale Supply, Inc.
- Johnson v. Apeck Const., Inc. 692 So. 2d 476 La. Ct. App. 3d Cir. 1997
- Landry v. City of New Iberia 689 So. 2d 564 La. Ct. App. 1st Cir. 1997
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Backest v. Service Tool Co.
687 So. 2d 620
La. Ct. App. 2d Cir. 1997
Pinkins v. Cardinal Wholesale Supply, Inc.
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Joyner v. Davison Transport, Inc.
688 So. 2d 623
La. Ct. App. 2d Cir. 1997
Daugherty, supra .; Pinkins v. Cardinal Wholesale Supply, Inc., and cases cited therein.
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Livings v. LANGSTON COMPANIES
685 So. 2d 405
La. Ct. App. 3d Cir. 1996
Our supreme court in Pinkins v. Cardinal Wholesale Supply, Inc., (La.
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Rapp v. City of New Orleans
681 So. 2d 433
La. Ct. App. 4th Cir. 1996
Pinkins v. Cardinal Wholesale Supply, Inc., does not support the position despite the following language: It is the employer's burden to establish earning capacity when the employee is not working or earning less than the employee is able to earn as the result of job related disability.
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Wilson v. City of Shreveport
682 So. 2d 882
La. Ct. App. 2d Cir. 1996
Pinkins v. Cardinal Wholesale Supply, Inc., (La.App.
- Berry v. Insurance Co. of North America 683 So. 2d 310 La. Ct. App. 2d Cir. 1996
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Lytle v. City of New Orleans
681 So. 2d 12
La. Ct. App. 4th Cir. 1996
NOTES [1] In this case, the trial judge, determined that it was the employer's burden to establish earning capacity when, as in this case, the employee is not working or earning less that he was earning at the time of the job-related injury.
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Deris v. DHL Airways, Inc.
678 So. 2d 567
La. Ct. App. 1st Cir. 1996
Additionally, in Pinkins v. Cardinal Wholesale Supply, Inc., (La.
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Daugherty v. Domino's Pizza
674 So. 2d 947
La. 1996
and cases cited therein.
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Breaux v. Hoffpauir
674 So. 2d 234
La. 1996
Pinkins v. Cardinal Wholesale Supply, Inc.
- Glynn v. City of New Orleans 672 So. 2d 1112 La. Ct. App. 4th Cir. 1996
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Fortune v. Charbonnet-Labat Funeral Home
671 So. 2d 988
La. Ct. App. 4th Cir. 1996
Pinkins v. Cardinal Wholesale Supply, Inc.
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Reed v. Direct Installers
669 So. 2d 529
La. Ct. App. 4th Cir. 1996
Pinkins v. Cardinal Wholesale Supply, Inc.
- Mullins v. Courtney Equipment 670 So. 2d 329 La. Ct. App. 3d Cir. 1996
- Helaire v. Louisiana School for Math, Science & Arts 664 So. 2d 816 La. Ct. App. 1st Cir. 1995
- Warren v. Progressive Healthcare Providers 664 So. 2d 462 La. Ct. App. 1st Cir. 1995
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Hurst v. Baker Sand Control
671 So. 2d 408
La. Ct. App. 1st Cir. 1995
Pinkins v. Cardinal Wholesale Supply, Inc.
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Maxie v. Brown Industries, Inc.
657 So. 2d 443
La. Ct. App. 3d Cir. 1995
Pinkins v. Cardinal Wholesale Supply, Inc.
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Hickman v. Allstate Timber Co.
653 So. 2d 154
La. Ct. App. 3d Cir. 1995
As recognized by the Supreme Court in Pinkins v. Cardinal Wholesale Supply, Inc., job availability means more than job possibilities.
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Mitchell v. Brookshire Grocery Co.
653 So. 2d 202
La. Ct. App. 2d Cir. 1995
Pinkins v. Cardinal Wholesale Supply, Inc., (La.App.
- Guillory v. Interstate Gas Station 653 So. 2d 1152 La. 1995