Cited by

Opinions in Louisiana that cite Poissenot v. St. Bernard Parish Sheriff's Office, 56 So. 3d 170.

98 citing documents.

Mark Shubert v. City of New Orleans La. Ct. App. 4th Cir. 2025
Floyd Safford v. New Orleans Fire Department La. Ct. App. 4th Cir. 2024
1/9/11), when stating that “[t]he analysis is a facts and circumstances one in which the court is mindful of the jurisprudential tenet that workers’ compensation is to be liberally construed in favor of coverage.” Additionally, the WCJ stated, in pertinent part: Dr. Iteld, claimant’s treating physician, described in
Keith L. Young v. Smitty's Supply, Inc. La. Ct. App. 1st Cir. 2023
1/ 9/ 11), Initially, the employee bears the burden of proving, by a preponderance of the evidence, that the injury resulted in his inability to earn that amount.
Edward Fobbs v. CompuCom Systems, Inc. La. Ct. App. 2d Cir. 2023
1/19/11), Mayes v. Morehouse Parish Sch.
Carlos A. Juarez Versus Aj Lazo Construction, LLC, and Louisiana Construction and Industry Self Insurer's Fund (Lci) La. Ct. App. 5th Cir. 2023
Mitchell Loewen Versus The New Orleans Louisiana Saints LLC and Berkley Specialty Underwriting Managers, LLC La. Ct. App. 5th Cir. 2023
Mitchell Loewen Versus The New Orleans Louisiana Saints LLC and Berkley Specialty Underwriting Managers, LLC La. Ct. App. 5th Cir. 2023
Clarence Earl Bos v. Packaging Corporation of America La. Ct. App. 3d Cir. 2023
1/9/11), and also asks this court to reconsider its prior ruling in Adams.
Jamecia S. Mayes v. Morehouse Parish School Board and LUBA Casualty Insurance Company La. Ct. App. 2d Cir. 2023
Lyman L. Smith v. Packaging Corporation of America La. Ct. App. 3d Cir. 2022
1/9/11), argues that Mr. Smith failed to prove he lost any wage-earning capacity because of any hearing loss sustained during his employment.
Leroy Johnson v. Lofton Staffing Services, Inc. La. Ct. App. 3d Cir. 2022
Bernard Parish Sheriff’s Office, 09-2793 (La.1/9/11), Pinkins v. Cardinal Wholesale Supply, Inc.
Ruver Moya Versus Michael Lucas La. Ct. App. 5th Cir. 2021
1/9/11), -175; Richard v. HSLI & Touro Infirmary, 12-873 (La.
Robert Landry v. Lofton Security Service, Inc. La. Ct. App. 3d Cir. 2020
Bernard Parish Sheriff’s Office, 09–2793 (La.1/9/11), Pinkins v. Cardinal Wholesale Supply, Inc.
Edith Lorraine Hager v. Hospital Housekeeping Systems, LLC La. Ct. App. 3d Cir. 2020
1/9/11), Pinkins v. Cardinal Wholesale Supply, Inc.
Dennis Woodard v. Cb&i La. Ct. App. 3d Cir. 2020
1/9/11), (alterations in original) (footnote omitted), explaining: “The purpose of [SEBs] is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident.” An employee is entitled to receive SEBs if he sustains a work-re
James Burnett, Sr. v. Village of Esterwood La. Ct. App. 3d Cir. 2019
Burnett v. Vill. of Estherwood 270 So. 3d 853 La. Ct. App. 1st Cir. 2019
Ronald Nero v. Allied Waste Services La. Ct. App. 3d Cir. 2019
Nero v. Allied Waste Servs. 265 So. 3d 1129 La. Ct. App. 1st Cir. 2019
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
Burnett v. Full Force Staffing, LLC 257 So. 3d 835 La. Ct. App. 1st Cir. 2018
Joseph Adams v. Georgia Gulf Lake Charles, LLC La. Ct. App. 3d Cir. 2018
1/9/11); (emphasis in original) for the statutory standard to be used in determining whether Mr. Adams met his initial burden of proof for SEB: La.
Adams v. Ga. Gulf Lake Charles, LLC 249 So. 3d 1066 La. Ct. App. 1st Cir. 2018
1/9/11), , 175 (emphasis in original) for the statutory *1074 standard to be used in determining whether Mr. Adams met his initial burden of proof for SEB: La.
Turner v. Chi. Bridge & Iron Co. 251 So. 3d 615 La. Ct. App. 2d Cir. 2018
Katina Hodges v. Golden Nugget Lake Charles, LLC La. Ct. App. 3d Cir. 2018
1/9/11), (alterations in original) (footnote omitted), explaining: “The purpose of [SEBs] is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident.” Banks v. Industrial Roofing Sheet Metal Works, Inc., 96-2840 (La.7/1/97)
Hodges v. Golden Nugget Lake Charles, LLC 242 So. 3d 654 La. Ct. App. 1st Cir. 2018
1/9/11), , 174 (alterations in original) (footnote omitted), explaining: "The purpose of [SEBs] is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident."
Ziegler v. Slidell Mem'l Hosp. 236 So. 3d 565 La. Ct. App. 1st Cir. 2017
Tassin v. Touro Infirmary 222 So. 3d 212 La. Ct. App. 1st Cir. 2017
Thibodaux v. Grand Isle Shipyard, Inc. 207 So. 3d 459 La. Ct. App. 1st Cir. 2016
Doane v. Omni Royal Orleans Hotel 204 So. 3d 615 La. Ct. App. 1st Cir. 2016
Baker v. Harrah's 190 So. 3d 379 La. Ct. App. 1st Cir. 2016
Bernard Parish Sheriff’s Office, 09-2793, p. 4 (La.1/9/11), .
Andrews v. Thrasher Construction Co. 184 So. 3d 92 La. Ct. App. 1st Cir. 2015
Bernard Parish Sheriffs Office, 09-2793, p. 9 (La.1/9/11), , the Louisiana Supreme Court recognized that where the employee goes back to his pre-injury job and then is terminated for a reason beyond the employer’s control and totally unrelated to the injury, this strongly suggests that his inability to earn ninety percent of his pre-injury wages was not the result of his
Cecilia Rachal v. Wal-Mart Corporation La. Ct. App. 3d Cir. 2015
Rachal v. Wal-Mart Corp. 165 So. 3d 441 La. Ct. App. 1st Cir. 2015
Bernard Parish Sheriffs Office, 09-2793, p. 9 (La.1/9/11), .
Summers v. Ritz-Carlton New Orleans 171 So. 3d 329 La. Ct. App. 1st Cir. 2015
Bernard, 09-2793 (La.1/9/11), , citing Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Cathy Turner v. Lexington House La. Ct. App. 3d Cir. 2015
1/9/11), because Ms. Turner had not proved that she was unable to earn 90% of her pre-accident wages.
Turner v. Lexington House 176 So. 3d 1071 La. Ct. App. 1st Cir. 2015
Bernard Parish Sheriffs Office, 09-2793 (La.1/9/11), , because Ms. Turner had not proved that she was unable, to earn 90% of her ■ pre-accident wages.
Bridges v. Gaten's Adventures Unlimited, L.L.C. 167 So. 3d 992 La. Ct. App. 1st Cir. 2015
Bernard Parish Sheriff’s Office, 09-2793 (La.1/9/11), .
Groover v. Lafitte's Boudoir, Inc. 162 So. 3d 1184 La. Ct. App. 1st Cir. 2015
Bernard Parish Sheriff’s Office, 09-2793, pp. 4-5 (La.1/9/11), .
Wilson v. Broadmoor, LLC 169 So. 3d 463 La. Ct. App. 1st Cir. 2015
Bernard Parish Sheriff’s Office, 09-2793 (La.1/9/11), .
Carambat v. City of New Orleans Police Department 160 So. 3d 1031 La. Ct. App. 1st Cir. 2015
Bernard Parish Sheriff's Office, 09-2793, p. 4 (La.1/9/11), (quoting Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 8 (La.7/1/97), ).
Washington v. Louisiana-I Gaming 181 So. 3d 19 La. Ct. App. 1st Cir. 2014
Bernard Parish Sheriff’s Office, 09-2793 (La.1/9/11), , citing Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Quigley v. Harbor Seafood & Oyster Bar 182 So. 3d 47 La. Ct. App. 1st Cir. 2014
Bernard Parish Sheriff's Office, 09-2793 (La.1/9/11), ; La.
Futch v. Horseshoe Casino 146 So. 3d 818 La. Ct. App. 2d Cir. 2014
Bernard Parish Sheriff’s Ofc., 2009-2793 (La.1/9/11), , and explicitly accepted Dr. Acurio’s view that even the modified, sit-down job required her to “pivot on her injured right foot,” resulting in severe pain that prevented her from performing the job.
Darwin v. Paretti Imports, Inc. 138 So. 3d 1265 La. Ct. App. 1st Cir. 2014
Bernard, Parish Sheriff’s Office, 09-2793 (La.1/9/11), (quotation omitted).
Kennen Daniel v. Point to Point Directional Drilling, Inc. La. Ct. App. 3d Cir. 2014
Daniel v. Point to Point Directional Drilling, Inc. 139 So. 3d 613 La. Ct. App. 1st Cir. 2014
Bernard Parish Sheriff’s Office, 09-2793 (La.1/9/11), .
Lafayette Steel Erector, Inc. v. James Constance La. Ct. App. 3d Cir. 2014
1/9/11), (alteration in original) (last alteration ours) (footnote omitted).
Lafayette Steel Erector, Inc. v. Constance 137 So. 3d 1251 La. Ct. App. 1st Cir. 2014
Bernard Parish Sheriff’s Office, 09-2793, pp. 4-5 (La.1/9/11), (alteration in original) (last alteration ours) (footnote omitted).