Cited by
Opinions in Louisiana that cite Hemphill v. Tremont Lumber Co., 25 So. 2d 625.
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Canady v. Pynes Chrysler, Inc.
617 So. 2d 566
La. Ct. App. 1st Cir. 1993
(1946); McDonald v. Intern.
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Spinks v. DEPT. OF HEALTH & HUMAN RES.
591 So. 2d 423
La. Ct. App. 3d Cir. 1991
(1946); McDonald v. Intern.
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Tucker v. Pony Exp. Courier Corp.
562 So. 2d 897
La. 1990
(1946); McDonald v. Intern.
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Carruthers v. PPG Industries, Inc.
551 So. 2d 1282
La. 1989
See, e.g., Guidry v. Sline Industrial Painters, Inc., , (1946).
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Carruthers v. PPG Industries, Inc.
543 So. 2d 472
La. 1989
See, e.g., Guidry v. Sline Industrial Painters, Inc., , (1946).
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Riche v. City of Baton Rouge
541 So. 2d 905
La. Ct. App. 1st Cir. 1988
"Since there is no evidence in the record as to the value of the time employed by the experts who testified in this case, we think this matter should be referred to the lower court for determination", , , at page 629.
- Pennington v. Reading & Bates Construction Co. 432 So. 2d 1173 La. Ct. App. 1st Cir. 1983
- Guidry v. Sline Indus. Painters, Inc. 418 So. 2d 626 La. 1982
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Bracey v. Alexandria Transfer & Storage Co.
340 So. 2d 709
La. Ct. App. 1st Cir. 1976
828 , (1959) , (1946); and, (2) in the alternative, that as a result of the October 1974 ankle injury he was forced to shift his weight to his left leg which put more stress on that extremity which in turn caused an acceleration of the disabling condition.
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Geist v. Martin Decker Corp.
313 So. 2d 1
La. Ct. App. 1st Cir. 1975
(1946); Lampkin v. Kent Piling Co., Inc.
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Henderson v. Core Construction Company
295 So. 2d 874
La. Ct. App. 1st Cir. 1974
Dortch *876 v. Louisiana Central Lumber Company, La.App., ; Jackson v. Travelers' Ins.
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Fife v. Kaiser Aluminum & Chemical Corp.
263 So. 2d 351
La. Ct. App. 1st Cir. 1972
(1946); Seals v. Potlatch Forests, Inc., supra; (La.App.
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Brown v. Kaiser Aluminum & Chemical Corporation
250 So. 2d 99
La. Ct. App. 4th Cir. 1971
(1946); Seals v. Potlatch Forest, Inc. [La.App., 151 So.
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Norred v. Travelers Insurance Company
236 So. 2d 637
La. Ct. App. 2d Cir. 1970
Malone's "Louisiana Workmen's Compensation," p. 278, § 232; , (1946); Behan v. John B. Honor Company, 143 La.
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Hull v. Liberty Mutual Insurance Company
236 So. 2d 847
La. Ct. App. 1st Cir. 1970
and cases therein cited.
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Frame v. Majors
226 So. 2d 772
La. 1969
Co., , ; and Bertrand v. Coal Operators Casualty Co., 253 La.
- Bertrand v. Coal Operators Casualty Company 221 So. 2d 816 La. 1969
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Vicknair v. Avondale Shipyards, Inc.
220 So. 2d 580
La. Ct. App. 4th Cir. 1969
App., (1961); Talbot v. Trinity Universal Insurance Company, La.App., (1958); , (1946); Dusang v. Liberty Mutual Insurance Company, La.App., (1967); Landry v. Park Wood Products, Inc., La.App., (1967); Prater v. Liberty Mutual Insurance Company, La.App., (1966); Turner v. Howard Motors, Inc., La.App., (1966).
- Bertrand v. Coal Operators Casualty Co. 204 So. 2d 620 La. Ct. App. 1st Cir. 1967
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Landry v. Park Wood Products, Inc.
201 So. 2d 306
La. Ct. App. 1st Cir. 1967
Nickelberry v. Ritchie Grocer Co., supra; , (1946); Prater v. Liberty Mutual Insurance Company, supra; (La.App.4th Cir. 1963, reversed in part on other grounds, 246 La.
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Satterwhite v. Zurich Insurance Company
199 So. 2d 429
La. Ct. App. 1st Cir. 1967
* * * * * * , 25 So.2nd 625, as follows: `In view of the language used and the conclusions reached in the case of Hemphill v. Tremont Lumber Co., 209 La.
- Dusang v. Liberty Mutual Insurance Co. 195 So. 2d 340 La. Ct. App. 1st Cir. 1967
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Prater v. Liberty Mutual Insurance Company
182 So. 2d 805
La. Ct. App. 3d Cir. 1966
(1946); Seals v. Potlatch Forest, Inc., supra; (La.App.
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Duhon v. Pittsburg Plate Glass Co.
179 So. 2d 469
La. Ct. App. 1st Cir. 1965
828 , ; , ; Talbot v. Trinity Universal Ins.
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Pierre v. Sledge Townsend Feed & Seed Store
165 So. 2d 513
La. Ct. App. 1st Cir. 1964
589, 590 , L.R.A.1918F, 862 (1918), Guillory v. Reimers-Schneider, La.App., (1st Cir.1957), Rainwater v. Timothy, La.App., (or 11956), Washington v. Atlantic & Gulf Stevedores, La.App., (Or.1956) , (1940).
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Price v. Houston Fire & Casualty Insurance Co.
155 So. 2d 213
La. Ct. App. 3d Cir. 1963
this principle has been applied to many heart attack cases.
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Saltalamacchia v. Strachan Shipping Corp.
156 So. 2d 291
La. Ct. App. 1st Cir. 1963
Franklin v. Old Colony Insurance Company, La.App., ; Andrepont v. Calcasieu Paper Company, La.App., ; Talbot v. Trinity Universal Insurance Company, La.App., ; Hemphill v. Tre *296 mont Lumber Co., , .
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Danziger v. Employers Mut. Liability Ins. Co. of Wis.
156 So. 2d 468
La. 1963
330 ; , ; Fontenot v. Camden Fire Insurance Association, La.App., and other cases.
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Franklin v. Old Colony Insurance Company
150 So. 2d 892
La. Ct. App. 4th Cir. 1963
Andrepont v. Calcasieu Paper Company, La.App., ; Talbot v. Trinity Universal Insurance Co., La.App., ; , .
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Seals v. Potlatch Forests, Inc.
151 So. 2d 587
La. Ct. App. 3d Cir. 1963
Later cases, , make it clear that the requirements of a compensable accident are met where excessive heat or strenuous effort cause, contribute to or accelerate the occurrence of a heart attack, even though the excessive heat or strenuous effort were nothing more than the usual and customary condition
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Howard v. Globe Indemnity Co.
147 So. 2d 912
La. Ct. App. 1st Cir. 1962
330 ; , ; Waller v. Stone & Webster Engineering Corporation, La.App., , and Malone, Louisiana Workmen’s Compensation Law and Practice, p. 261, which is quoted as follows: “In some of the cases it is stated that although the disabling event need not be different in kind or intensity from th
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Vidrine v. New Amsterdam Casualty Co.
137 So. 2d 666
La. Ct. App. 1st Cir. 1962
See *669 , and cases there cited.
- Whitworth v. Kaiser Aluminum & Chemical Corp. 135 So. 2d 584 La. Ct. App. 1st Cir. 1961
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Thomas v. Aetna Casualty & Surety Co.
135 So. 2d 505
La. Ct. App. 1st Cir. 1961
the opinion of Mr. Chief Justice Fournet, in considering the causal relationship between employment and death from a heart attack, observed that the testimony of the medical experts should be regarded as the determining influence, since the case did not involve an accident causing external injuri
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Theriot v. Schlumberger Well Surveying Corp.
131 So. 2d 94
La. Ct. App. 4th Cir. 1961
Turner v. Southern Industries Company, La.App., ; Rivero v. Leaveau, La.App., .
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Fontenot v. Camden Fire Insurance Association
124 So. 2d 640
La. Ct. App. 3d Cir. 1960
our Supreme Court found the workmen's compensation claimant had sustained his burden of proof and held, as follows: "Since this case does not involve an accident causing external injuries or producing objective symptoms, we must look to the testimony of the medical experts to determine whether th
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Parish v. Fidelity & Casualty Co. of New York
124 So. 2d 234
La. Ct. App. 2d Cir. 1960
Behan v. John B. Honor Co., 143 La.
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Circello v. Haas & Haynie Corp.
116 So. 2d 144
La. Ct. App. 1st Cir. 1959
828 , ; , ; Talbot v. Trinity Universal Ins.
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McKnight v. Clemons
114 So. 2d 114
La. Ct. App. 1st Cir. 1959
We believe that in so doing, our learned brother overlooked the well-settled jurisprudence summarized by Chief Justice Fournet for the Supreme Court, with many citations, , , at page 627: "* * * the legal requirements are present to constitute an accident and an injury is compensable where excessive heat, heavy lifting or other strenuous efforts, although usual and customary, cause or contribute to a physical breakdown or accelarate its occurrence because of a pre-existing
- Cutno v. Neeb Kearney & Company 112 So. 2d 628 La. 1959
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Brian v. Employers Casualty Co.
111 So. 2d 161
La. Ct. App. 1st Cir. 1959
However, , , the employee was shown to have died about 30 minutes after he carried two 95-pound rolls of roofing material up a 12 or 13 foot ladder on a warm day in April.
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Town of Slaughter v. Appleby
103 So. 2d 461
La. 1958
and Mamon v. Farnsworth & Chambers Construction Co., Inc., La.App., .
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Talbot v. Trinity Universal Insurance Company
99 So. 2d 811
La. Ct. App. 1st Cir. 1957
* * *" , ; Craft v. Gulf Lumber Co., 151 La.
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Hall v. Pipe Line Service Corporation
98 So. 2d 202
La. 1957
the fees were allowed from the compensation award.
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Guillory v. Reimers-Schneider Company
94 So. 2d 134
La. Ct. App. 1st Cir. 1957
The employee's disability is fully compensable when precipitated by the industrial accident, even though caused also by a contributing pre-existing or previously dormant physical condition or predisposition, , ; Behan v. John B. Honor Co., 143 La.
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France v. City of New Orleans
92 So. 2d 473
La. Ct. App. 1st Cir. 1957
Turner v. Southern Industries Company, La.App., ; Michel v. Maryland Casualty Company, La.
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Turner v. Southern Industries Company
88 So. 2d 238
La. Ct. App. 1st Cir. 1956
The jurisprudence is "well settled" that "an injury is compensable where excessive heat, heavy lifting or other strenuous efforts, although usual and customary, cause or contribute to a physical breakdown or accelerate its occurrence because of a pre-existing condition" (many citations), , , at page 627.
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Clifton v. Arnold
87 So. 2d 386
La. Ct. App. 1st Cir. 1956
[1] Defendant further overlooks the well-established jurisprudence that "an injury is compensable where excessive heat, heavy lifting or other strenuous efforts, although usual and customary, cause or contribute to a physical breakdown or accelerate its occurrence because of a pre-existing condition", , , at page 627, allowing recovery to dependents of an employee dying as a result of a heart attack.
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Mamon v. Farnsworth & Chambers Construction Co.
86 So. 2d 764
La. Ct. App. 1st Cir. 1956
"Since there is no evidence in the record as to the value of the time employed by the experts who testified in this case, we think this matter should be referred to the lower court for determination", , , at page 629.
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Hastings v. Homewood Development Co.
84 So. 2d 883
La. Ct. App. 1st Cir. 1956
Co., , ; sawing wood, Brister v. Miller, La.App., 178.