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Cited by

Opinions in Louisiana that cite Seal v. Gaylord Container Corp., 704 So. 2d 1161.

172 citing documents.

  • Carlos A. Juarez Versus Aj Lazo Construction, LLC, and Louisiana Construction and Industry Self Insurer's Fund (Lci) La. Ct. App. 5th Cir. 2023
  • Jose Flores Moran Versus Amtrust North America and Jacques-Imo Cafe, LLC La. Ct. App. 5th Cir. 2023
  • Lyman L. Smith v. Packaging Corporation of America La. Ct. App. 3d Cir. 2022
    12/02/97), for the proposition that a claimant can establish a prima face case of entitlement to SEB for an occupational illness by noting his age, his limited education and specialized work history, his restrictions from working in his previous employment, and the fact that he earned more tha
  • SR v. St. Tammany Parish Hosp. 267 So. 3d 158 La. Ct. App. 1st Cir. 2018
  • Jackson v. Family Dollar Stores of La. Inc. 258 So. 3d 165 La. Ct. App. 1st Cir. 2018
    12/02/97), , 1166 (emphasis in original).
  • Joseph Adams v. Georgia Gulf Lake Charles, LLC La. Ct. App. 3d Cir. 2018
    12/02/97), for the proposition that a claimant can establish a prima face case of entitlement to SEB for an occupational illness by noting his age, his limited education and specialized work history, his restrictions from working in his previous employment, and the fact that he earned more than minimum wage.
  • Adams v. Ga. Gulf Lake Charles, LLC 249 So. 3d 1066 La. Ct. App. 1st Cir. 2018
    12/02/97), , for the proposition that a claimant can establish a prima face case of entitlement to SEB for an occupational illness by noting his age, his limited education and specialized work history, his restrictions from working in his previous employment, and the fact that he earned more than minimum wage.
  • Tassin v. Touro Infirmary 222 So. 3d 212 La. Ct. App. 1st Cir. 2017
    12/02/97), (citations omitted).
  • Frazier v. Covenant Services Worldwide 228 So. 3d 1275 La. Ct. App. 1st Cir. 2017
  • Safford v. Hammerman & Gainer International, Inc. 198 So. 3d 227 La. Ct. App. 1st Cir. 2016
    Seal v. Gaylord Container Corp., 97-0688, p. 4 (La.12/2/97), ; Dean v. Southmark Constr., 03-1051, p. 7 (La.7/6/04), .
  • Gaines v. Home Care Solutions, LLC 192 So. 3d 794 La. Ct. App. 1st Cir. 2016
    “In applying the manifest error-clearly wrong standard, the appellate court must determine not whether the trier of fact was right or wrong, but whether the factfin-der’s conclusion was a reasonable one.” Seal v. Gaylord Container Corp., 97-0688, p. 4 (La.12/02/97), .
  • Johnson v. Sewerage & Water Board New Orleans 190 So. 3d 785 La. Ct. App. 1st Cir. 2016
    | ^Standard of Review “Factual findings iri workers’ compensation = cases are'subject to the manifest error or clearly wrong standard of appellate review.” Seal v. Gaylord Container Corp. Banks v. Industrial Roofing & Sheet Metal Works, 97-0688, p. 4 (La.12/2/97), (citations omitted) “In applying the manifest error-cleanly wrong standard, the appellate court must determine not whether, the trier of fact was right or wrong, but whether the factfinder’s conclusion was a reasonable one.” Id.
  • Baker v. Harrah's 190 So. 3d 379 La. Ct. App. 1st Cir. 2016
    Seal v. Gaylord Container Corp., 97-0688, p. 4 (La.12/2/97), .
  • Russell v. Sewerage & Water Board New Orleans 187 So. 3d 94 La. Ct. App. 1st Cir. 2016
    See Seal v. Gaylord Container Corp., 97-0688, p. 5 (La.12/2/97), .
  • Billy Carrier v. Tiffany Harrington La. Ct. App. 3d Cir. 2015
    Seal v. Gaylord Container Corp., 97–0688, p. 4 (La.12/2/91), (alteration in original).
  • Carrier v. Harrington 162 So. 3d 1273 La. Ct. App. 1st Cir. 2015
    Seal v. Gaylord Container Corp., 97-0688, p. 4 ( [La.12/2/97]), (alteration in original).
  • Groover v. Lafitte's Boudoir, Inc. 162 So. 3d 1184 La. Ct. App. 1st Cir. 2015
    hether [an OWC judge’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Id., 09-2793, p. 6 (La.1/9/11), -75 (Emphasis supplied), quoting Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • Holloway Drilling Equipment v. Eric Broussard La. Ct. App. 3d Cir. 2015
    12/2/97), Stobart v. State through Dep’t of Transp.
  • Holloway Drilling Equipment v. Broussard 158 So. 3d 164 La. Ct. App. 1st Cir. 2015
    3 Cir. 12/30/02) , (citing Seal v. Gaylord Container Corp., 97-688 (La.12/2/97), ; Stobart v. State through Dep’t of Transp.
  • Corita Johnson v. Rosia Metoyer La. Ct. App. 3d Cir. 2014
    12/2/97), Stobart v. State through Dep’t of Transp.
  • Washington v. Louisiana-I Gaming 181 So. 3d 19 La. Ct. App. 1st Cir. 2014
    “In determining whether a [workers’ compensation judge’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Poissenot, supra, citing Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • Quinton D. Steele v. Jasmine S. Ashworth La. Ct. App. 3d Cir. 2014
    12/2/97), Stobart v. State through Dep’t of Transp.
  • Steele v. Ashworth 151 So. 3d 177 La. Ct. App. 1st Cir. 2014
    3 Cir. 12/30/02) , (citing Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), ; Stobart v. State through Dep’t of Transp.
  • Gina Alpizar v. Dollar General Corp. La. Ct. App. 3d Cir. 2014
    “In determining whether a [WCJ’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97)
  • Alpizar v. Dollar General 134 So. 3d 99 La. Ct. App. 1st Cir. 2014
    “In determining whether a [WCJ’sjfinding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • Greer v. Whole Foods Market, Inc. 133 So. 3d 80 La. Ct. App. 1st Cir. 2014
    Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • James Long v. Bengal Transportation La. Ct. App. 3d Cir. 2013
  • Christy Rogel v. Dollar General Corp. La. Ct. App. 3d Cir. 2013
    12/2/97), Ms. Rogel clearly suffered a workplace accident when the rolltainer fell on her ankle.
  • Long v. Bengal Transportation 127 So. 3d 1103 La. Ct. App. 1st Cir. 2013
    “In determining whether a [workers’ compensation judge’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine the record for all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-688, p. 8 (La.12/2/97), .
  • Rogel v. Dollar General Corp. 132 So. 3d 978 La. Ct. App. 1st Cir. 2013
    “In determining whether a [workers’ compensation judge’s] finding that an employee has met his initial Lburden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine the record for all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-688, p. 8 (La.12/2/97), , 1166 Ms. Rogel clearly suffered a workplace accident when the rolltainer fell on her ankle.
  • Valerie Fabacher v. Stine, Inc. La. Ct. App. 3d Cir. 2013
    ―In determining whether a [WCJ‘s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee‘s inability to earn 90% or more of his pre-injury wages.‖ Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97)
  • Fabacher v. Stine, Inc. 124 So. 3d 553 La. Ct. App. 1st Cir. 2013
    “In determining whether a [WCJ’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • Arrant v. Graphic Packaging International, Inc. 127 So. 3d 924 La. Ct. App. 1st Cir. 2013
    In Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), , the supreme court stated that, once a workers’ compensation claimant has established the existence of an occupational disease, for his illness to be compensable, he must further establish that the illness is disabling.
  • Murphy v. Graphic Packaging, Inc. 112 So. 3d 1040 La. Ct. App. 2d Cir. 2013
    Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), ; Shields v. GNB Technologies, Inc., 33,911 (La.App.2d Cir.10/4/00), .
  • Wilson v. Metropolitan Development Center 113 So. 3d 261 La. Ct. App. 1st Cir. 2013
    23:1221(3); Seal v. Gaylord Container Carp., 97-688 (La.12/2/97), ; Hughes v. New Orleans Saints, OS-712, p. 8 (La.App.
  • Shanelle Chapman v. Coushatta Tribe of Louisiana La. Ct. App. 3d Cir. 2013
  • Chapman v. Coushatta Tribe of Louisiana 128 So. 3d 1022 La. Ct. App. 1st Cir. 2013
    Clay, (citing Seal v. Gaylord, Container Corp., 97-0688 (La.12/2/97), ).
  • Magbee v. Federal Express 105 So. 3d 1048 La. Ct. App. 1st Cir. 2012
    “In determining whether a [WCJ’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • Paul Magbee v. Federal Express La. Ct. App. 3d Cir. 2012
    “In determining whether a [WCJ’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97)
  • Hall v. Macpapers, Inc. 95 So. 3d 1131 La. Ct. App. 1st Cir. 2012
    Seal v. Gaylord Container Corp., 97-0688, p. 8, (La.12/02/97), .
  • Clay v. Our Lady of Lourdes Regional Medical Center, Inc. 93 So. 3d 536 La. 2012
    Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), (citing Banks, 696 So.2d at 556 ).
  • Viney J. Silas v. Sowela Technical College La. Ct. App. 3d Cir. 2012
  • Silas v. Sowela Technical College 84 So. 3d 710 La. Ct. App. 1st Cir. 2012
    “In determining whether a [workers’ compensation judge’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine the record for all evidence that bears upon the |fiemployee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-688, p. 8 (La.12/2/97), .
  • Richard v. Calcasieu Parish School Board 79 So. 3d 359 La. Ct. App. 3d Cir. 2011
    Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • Richard v. Calcasieu Parish School Board 125 So. 3d 1113 La. Ct. App. 1st Cir. 2011
    “In determining whether a [WCJ’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • Angie Brown v. Shop Rite, Inc. La. Ct. App. 3d Cir. 2011
  • Brown v. Shop Rite, Inc. 75 So. 3d 1002 La. Ct. App. 1st Cir. 2011
    “In determining whether a [WCJ’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • James Sharp v. Landscape Management Services La. Ct. App. 3d Cir. 2011
    “In determining whether a [WCJ’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97- 0688 (La.12/2/97)
  • Sharp v. LANDSCAPE MANAGEMENT SERVICES 74 So. 3d 1239 La. Ct. App. 1st Cir. 2011
    “In determining whether a [WCJ’s] finding that an employee has met his initial burden of proving entitlement to SEBs is manifestly erroneous, a reviewing court must examine all evidence that bears upon the employee’s inability to earn 90% or more of his pre-injury wages.” Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), .
  • Fleming v. Garda Security 65 So. 3d 763 La. Ct. App. 1st Cir. 2011
    Seal v. Gaylord Container Corp., 97-0688 (La.12/02/97), (citations omitted).