No. 09-246 Precedential Processed

Delahoussaye v. Live Oak Gardens, Ltd.

Louisiana Supreme Court · Filed October 7, 2009 · 21 So. 3d 1060

Cited by

James Simmons v. Luba Worker's Comp. La. Ct. App. 3d Cir. 2016
Simmons v. Luba Workers' Comp. 206 So. 3d 397 La. Ct. App. 1st Cir. 2016

Opinion text

COOKS, J., dissent. 11While I agree a portion of Delahous-saye’s “business profits” should be offset to account for his “labor” in creating the companies’ combined net profit, the total profit of his business ventures are not attributable to his labor and do not constitute earnings within the contemplation of the Act. Rather, the total “profit” line in this case reflects two amounts — one solely attributable to Delahoussaye’s labor and the other solely a return on his investment which is not subject to SEB offset.