Cited by
Opinions in Louisiana that cite Garrett v. Seventh Ward General Hosp., 660 So. 2d 841.
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Demetria Mouton v. Lafayette Physical Rehabilitation Hospital
La. Ct. App. 3d Cir. 2013
9/22/95), wherein it held that SSD benefits were included in Section 1225’s phrasing because of the statute’s purpose: preventing an injured employee from receiving double recovery.
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Mouton v. Lafayette Physical Rehabilitation Hospital
114 So. 3d 626
La. Ct. App. 1st Cir. 2013
Hosp., 95-17 (La.9/22/95), , wherein it held that SSD benefits were included in Section 1225’s phrasing because of the statute’s purpose: preventing an injured employee from receiving double recovery.
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INTERNATIONAL PAPER CO., INC. v. Hilton
966 So. 2d 545
La. 2007
Hosp., 95-0017, p. 9 (La.9/22/05); , overruled on other grounds by Al Johnson Const. Co. v. Pitre, 98-2564 (La.5/18/99); , reh'g denied, 6/25/99; Touchard, 617 So.2d at 888 ).
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Hayes v. Louisiana State Penitentiary
970 So. 2d 547
La. Ct. App. 1st Cir. 2007
Hosp., 95-0017 (La.9/22/95), .
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Caldwell Wholesale Co. v. Smith
916 So. 2d 1255
La. Ct. App. 2d Cir. 2005
In Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95), , the supreme court held that Section 1225(C)(1)(c) entitled an employer to a reduction in its workers’ compensation obligation when Social Security disability benefits were contemporaneously received by a disabled employee.
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Young v. Christus Schumpert Medical Center
902 So. 2d 1180
La. Ct. App. 2d Cir. 2005
Hosp., 95-0017 (La.9/22/95), .
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Maschek v. Cartemps USA
896 So. 2d 1189
La. Ct. App. 1st Cir. 2005
Garrett v. Seventh Ward General Hospital, 95-0017, p. 6 n. 5 (La.9/22/95), , overruled on other grounds by Al Johnson Construction Co. v. Pitre, 98-2564, p. 5 (La.5/18/99), ; Williams v. BET Construction, Inc., 2000-1765 (La.App.
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Jones v. General Motors Corp.
871 So. 2d 1109
La. 2004
Garrett v. Seventh Ward General Hospital, 95-0017, p. 3 (La.9/22/95), , citing 4 ARTHUR LARSON, WORKER'S COMPENSATION § 97.10 (1995).
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Critser v. Dillard's Department Stores, Inc.
836 So. 2d 366
La. Ct. App. 1st Cir. 2002
23:1225C(l)(e) in Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95), .
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Garnier v. Orleans Parish School Bd.
824 So. 2d 1222
La. Ct. App. 4th Cir. 2002
In Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/25/95), , the Louisiana Supreme Court explained that the purpose of La.
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Wal-Mart Stores, Inc. v. Keel
817 So. 2d 1
La. 2002
Hosp., 95-0017 (La.9/22/95), .
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Clark v. Town of Basile
812 So. 2d 879
La. Ct. App. 3d Cir. 2002
Hosp., 95-17 (La.9/22/95); .
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State ex rel. S.D.
807 So. 2d 1138
La. Ct. App. 1st Cir. 2002
Garrett v. Seventh Ward Hosp., 95-0017 (La.9/22/95), .
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Williams v. BET Const., Inc.
818 So. 2d 21
La. Ct. App. 1st Cir. 2001
Garrett v. Seventh Ward General Hospital, 95-0017, p. 6 (La.9/22/95), ; overruled on other grounds by Al Johnson Construction Company v. Pitre, 98-2564 (La.5/18/99), ; Gilmore v. SGB Construction Services, Inc., 97-1669, p. 3 (La.App.
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Deville v. Technical Resource
799 So. 2d 800
La. Ct. App. 1st Cir. 2001
Hospital, 95-0017 (La.9/22/95), .
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K-Mart v. Turner
799 So. 2d 594
La. Ct. App. 1st Cir. 2001
K-Mart requests that we interpret the statute by applying the rational of Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95); .
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Anderson v. Orleans Parish School Bd.
792 So. 2d 943
La. Ct. App. 4th Cir. 2001
In reaching this decision, this Court cited the case of Garrett v. Seventh Ward General Hospital, 95-0017, pp. 3-4 (La.9/22/95), [3] , in which the Supreme Court noted that the workers' compensation law does not allow an injured worker to receive "duplicative benefits from different parts of the over all [sic] system provided by the employer and thereby recover more than the amount of his or her actual wages."
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Comeaux v. City of Crowley
793 So. 2d 1215
La. 2001
23:1225 C, as construed in Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95), , to apply to temporary total disabled.
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Zeringue v. Karl Ott Poles & Pilings
808 So. 2d 628
La. Ct. App. 1st Cir. 2001
23:1225(C), by the Louisiana Supreme Court that was eventually corrected by the Supreme Court's reversal of Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95), in Al Johnson Construction Company v. Pitre, 98-2564 (La.5/18/99), .
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Critser v. Dillard's Dept. Stores, Inc.
791 So. 2d 702
La. Ct. App. 1st Cir. 2001
Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95), .
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Alleman v. Ke-Co, Inc.
783 So. 2d 409
La. Ct. App. 1st Cir. 2001
Fifteen days later, on May 18, 1999, the Louisiana Supreme Court rendered Al Johnson Construction Co. v. Donald Pitre, 98-2564 (La.5/18/99); , overruling its prior decision in Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95); , which interpreted La.R.S.
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Town of Basile v. Clark
769 So. 2d 591
La. Ct. App. 3d Cir. 2000
23:1225(C)(1)(c) and Garrett v. Seventh Ward General Hospital, 95-17 (La.9/22/95); .
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Pierce v. Lafourche Parish Council
762 So. 2d 608
La. 2000
Hosp., 95-0017 (La.9/22/95), (overruled on other grounds), citing 4 Arthur Larson, Worker's Compensation § 97.10 (1995).
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City of Covington v. Walker
762 So. 2d 703
La. Ct. App. 1st Cir. 2000
Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95), .
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Pace v. City of New Orleans
761 So. 2d 602
La. Ct. App. 4th Cir. 2000
Garrett v. Seventh Ward General Hospital, 95-0017, (La.9/22/95)
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Duckworth-Woods Tire Service v. Lettellier
762 So. 2d 1119
La. Ct. App. 1st Cir. 2000
Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95), .
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Sonnier v. Town of Vinton
759 So. 2d 818
La. Ct. App. 1st Cir. 1999
On October 10, 1997, Reasons for Judgment were rendered denying the Town’s request to modify Sonnier’s benefits from TTD to SEB, but granting the Town’s request to coordinate Sonnier’s benefits as instructed in Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95); .
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Overruled
Daigle v. Employers National Insurance Co.
747 So. 2d 696
La. Ct. App. 1st Cir. 1999
Although Garrett v. Seventh Ward General Hosp., 95-0017 (La.9/22/95), ; was overruled by the Pitre case, our analysis refers to the Garrett discussion of La.R.S.
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McCoy v. Cracker Barrel Stores, Inc.
745 So. 2d 702
La. Ct. App. 1st Cir. 1999
In so finding, the supreme court overruled its earlier decision in Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95); .
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Leson Chevrolet, Inc. v. Triche
742 So. 2d 1047
La. Ct. App. 5th Cir. 1999
Hospital, was the applicable law and it provided that an employer is entitled under La.Rev.Stat.
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State ex rel. A.M.
739 So. 2d 188
La. 1999
Garrett v. Seventh Ward Hosp., 95-0017 (La.9/22/95); .
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Pierce v. Lafourche Parish Council
739 So. 2d 297
La. Ct. App. 1st Cir. 1999
Hosp., 95-0017 (La.9/22/95), , rev'd on other grounds, Al Johnson Constr.
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Jowers v. LIBERTY CONST. CO.
740 So. 2d 735
La. Ct. App. 2d Cir. 1999
Hosp., 95-0017 (La.9/22/95), ; La.
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National Union Fire Insurance v. Walker
742 So. 2d 585
La. Ct. App. 1st Cir. 1999
In light of the Louisiana Supreme Court’s decision in Al Johnson Construction Company, et al. v. Pitre, 98-2564 (La.5/18/99); overruling its prior decision in Garrett v. Seventh Ward General Hosp., 95-0017 (La.9/22/95); , we reverse the judgment rendered by the Workers’ Compensation Judge and remand this case solely for hearing and ruling on the employer’s re *586 verse offset claim under La.R.S.
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Al Johnson Const. Co. v. Pitre
734 So. 2d 623
La. 1999
Hosp., 95-0017 (La.9/22/95), , and the litigation focused on whether the offset in the proportion of the plan benefits funded by "an employer" means the payments into the plan by all of Pitre's past and present employers or the payment by his employer at the time of the injury.
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Wal-Mart Stores, Inc. v. Keel
734 So. 2d 74
La. Ct. App. 2d Cir. 1999
23:1225(C)(1)(c) was explained by the Louisiana Supreme Court in Garrett v. Seventh Ward, General Hospital, 95-0017 (La.09/22/95), , as follows: Benefit coordination laws are based on the premise that an employee experiencing a period of wage loss should not be permitted to receive duplicative benefits from different parts of the overall system provided by the employer and therefore recover more than his or her actual wages.
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Short v. Gaylord Chemical Corp.
731 So. 2d 493
La. Ct. App. 1st Cir. 1999
Hosp., 95-0017 (La.9/22/95); , the Louisiana Supreme Court stated that section C of that statute applies to those receiving disability benefits under the Social Security Act and workers' compensation benefits in the form of temporary total benefits.
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McCoy v. Cracker Barrel Stores, Inc.
736 So. 2d 886
La. Ct. App. 1st Cir. 1999
In Garrett v. Seventh Ward General Hosp., 95-17 (La.9/25/95); , the court interpreted La.R.S.
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Archbold v. Maxicare Health Plans, Inc.
722 So. 2d 1200
La. Ct. App. 5th Cir. 1998
ANALYSIS In Garrett v. Seventh Ward General Hospital, 95-0017 (La.App.9/25/95), -844 , the Louisiana Supreme Court provided a detailed history of wage-loss benefit coordination laws.
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Smalley v. Integrity, Inc.
722 So. 2d 332
La. Ct. App. 2d Cir. 1998
Garrett v. Seventh Ward General Hosp., 95-0017 (La.9/22/95), .
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LeBlanc v. Lake Charles Dodge, Inc.
725 So. 2d 19
La. Ct. App. 3d Cir. 1998
Hosp., 95-0017 (La.9/22/95); , explained the purpose of these laws as follows: Wage-loss benefit coordination laws are designed to achieve a dual purpose: (1) to assure, when an employee suffers a wage loss because of disability, unemployment, advanced age or death, that a certain minimum portion of the employee's actual wages is continued o
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Duckworth-Woods Tire Service v. Lettellier
720 So. 2d 173
La. Ct. App. 1st Cir. 1998
In May, 1997, the employer filed this action seeking a credit for Social Security disability benefits against its compensation obligation under Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/22/95), .
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State v. Antoine
721 So. 2d 562
La. Ct. App. 3d Cir. 1998
Garrett v. Seventh Ward General Hosp., 95-0017 (La.9/22/95); ; Touchard, 617 So.2d at 888 .
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Holden v. International Paper Co.
720 So. 2d 442
La. Ct. App. 2d Cir. 1998
In Garrett v. Seventh Ward General Hosp., 95-0017 (La.9/22/95), , our supreme court discussed the legislative intent for Section 1225(C)(1), stating: Our construction of Section 1225 C(1)(c) as including Social Security disability benefits is bolstered by the clear legislative intent behind the 1983 amendments which engrafted Section 1225 C(1) onto the previous wage-loss benefit c
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Clark v. Town of Basile
719 So. 2d 730
La. Ct. App. 3d Cir. 1998
Furthermore, defendant contends that to not allow it the credit for the amount of the state supplemental pay runs contrary to the purpose of the Workers' Compensation Act espoused in Garrett v. Seventh Ward General Hospital, 95-0017 (La.9/25/95); , regarding the duplication of benefits.
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Al Johnson Construction v. Pitre
720 So. 2d 14
La. Ct. App. 1st Cir. 1998
2 Garrett v. Seventh Ward General Hosp., 95-0017 (La.9/22/95); at 842 .
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Prevost v. Jobbers Oil Transport Co.
713 So. 2d 1208
La. Ct. App. 1st Cir. 1998
Hosp., 95-0017, pp. 3-4 (La.9/22/95); ; Newell v. Out of the Woods, Inc., 97-1287, p. 2 (La.App.
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Transportation Ins. Co. v. Pool
714 So. 2d 153
La. Ct. App. 2d Cir. 1998
[2] See Garrett v. Seventh Ward General Hosp., 95-0017 (La.9/22/95), .
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Masters v. Delphi Interior & Lighting Systems
715 So. 2d 475
La. Ct. App. 2d Cir. 1998
In Garrett v. Seventh Ward Gen’l Hosp., 95-0017 (La.9/22/95), , the supreme court held that disability benefits under the Social Security Act, to the extent funded by the employer, are included among La.
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McDonnell v. Nestle Beverage Co.
714 So. 2d 757
La. Ct. App. 4th Cir. 1998
Hosp., 95-0017 (La.9/25/95), , an employer is entitled under La.Rev.Stat.