Alexander v. Avondale Shipyards, Inc.
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
Alexander v. Avondale Shipyards, Inc., 416 So. 2d 126 (La. Ct. App. 1st Cir. 1982).
Cited by
- Alexander v. Avondale Shipyards, Inc. 420 So. 2d 985 La. 1982
Authorities cited
Identified automatically; this list may not be exhaustive.
- McGee v. State, Through Bd. of Commissioners 355 So. 2d 1079
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.