No. 12678 Precedential Reinstated Processed

Alexander v. Avondale Shipyards, Inc.

Louisiana Court of Appeal, First Circuit · Filed February 9, 1982 · 416 So. 2d 126

Also decided on this docket: La. Ct. App. 1st Cir., May 9, 1979 372 So. 2d 1242; La. Ct. App. 1st Cir., September 3, 1975 318 So. 2d 643

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Opinion text

ON REHEARING We granted rehearing because of plaintiff’s argument that La.R.S. 23:1223 applies only to a single-injury case and not to a case of two compensable injuries. That question was decided by this court adversely to plaintiff’s position in McGee v. State through Bd. of Comm’rs, 355 So.2d 1079 (La.App. 4 Cir. 1978). In McGee , plaintiff first suffered a non-disabling knee injury and then a disabling back injury, for which he was being paid maximum benefits. Reasoning that “the benefits due plaintiff from more than one accident or injury cannot exceed the [statutorily] provided maximum,” id. at 1081 , citing earlier two-accident cases from other circuits, the court concluded that the twice-injured worker could only receive a total of the maximum benefits. Our original opinion and decree are therefore reinstated.