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Cited by

Opinions in Louisiana that cite D'Antoni v. Employers' Liability Assur. Corp., 34 So. 2d 378.

26 citing documents.

  • Harris v. Trailways Southern Lines, Inc. 467 So. 2d 109 La. Ct. App. 1st Cir. 1985
    not been paid compensation or is not being paid at the maximum rate to which he is entitled under the compensation statute, the truth of which is either admitted by the employer and/or his insurer, or is established on the trial of a plea of prematurity, the petition is not amenable to such a plea and the plea should be overruled.” 1 See also D’ , (1948), and Glover v. Schuylkill Products Company, Inc., (La.
  • Lockhart v. Pargas, Inc. 271 So. 2d 664 La. Ct. App. 1st Cir. 1973
    653 , ; , ; and Lindsey v. Continental Casualty Company, 242 La.
  • Goudeau v. McKee 203 So. 2d 571 La. Ct. App. 1st Cir. 1967
    Corp., , , without being forced to file and dismiss suit each time the employer’s insurer stops payment, Boss v. Marquette Casualty Company, supra.
  • Deen v. Halliburton Oil Well Cementing Co. 180 So. 2d 584 La. Ct. App. 1st Cir. 1965
    Corp., Ltd., , ; Carlino v. United States Fidelity & Guaranty Co., 196 La.
  • Redding v. Cade 158 So. 2d 880 La. Ct. App. 3d Cir. 1963
    Washington v. Independent Ice & Cold Storage Co., 211 La.
  • Saltalamacchia v. Strachan Shipping Corp. 156 So. 2d 291 La. Ct. App. 1st Cir. 1963
    Corporation, , , as follows: “If the employee is actually earning the wages paid him, his suit cannot be dismissed on a plea of prematurity for-asmuch as he is not receiving compensation.
  • Marshall v. Aetna Insurance Co. 154 So. 2d 263 La. Ct. App. 1st Cir. 1963
    Corporation, , , and held without merit.
  • Lindsey v. Continental Casualty Company 138 So. 2d 543 La. 1962
    This was the essence of our holding in Mottet v. Libbey-Owens-Ford Glass Co., supra: The Mottet case adopted for credit purposes the test laid down in connection with a ruling on a plea of prematurity in D’Antoni v. Employers’ Liability Assurance Corporation, , .
  • Glover v. Schuylkill Products Company 138 So. 2d 15 La. Ct. App. 1st Cir. 1962
  • Fruge v. Hub City Iron Works, Inc. 131 So. 2d 593 La. Ct. App. 3d Cir. 1961
    Corp., , ; Thornton v. E. I. DuPont, 207 La.
  • Walters v. General Accident & Fire Assur. Corp., Ltd. 119 So. 2d 550 La. Ct. App. 1st Cir. 1960
    the suit of an employee who is actually earning wages cannot be dismissed on a plea of prematurity because he is not receiving compensation and conversely if the wages paid him are in reality a gratuity and not for the performance of the work that the payment of such wage or gratuity is equivalent to
  • Moore v. Bridges & Bell 115 So. 2d 390 La. Ct. App. 1st Cir. 1959
    In D’Antoni v. Employers’ Liability Assurance Corporation, , , where plaintiff’s demands were resisted by a plea of prematurity in which it was asserted that the petition did not allege that the employer refused to pay the maximum percentage of wages to which *393 plaintiff was entitled under Subsection 1 (B) of Section 18 of the Employers’ Liability Act, Ac
  • Duke v. Remington Rand, Inc. 111 So. 2d 157 La. Ct. App. 1st Cir. 1959
    In referring to an opinion of the Court of Appeal, First Circuit, the Supreme Court made this observation in D’Antoni v. Employers’ Liability Assurance Corporation, Ltd., 1948, , , 381: “The opinion reflects the belief of the Court that, in order for an employee to prevent dismissal of his suit on the ground of prematurity, he must show that he has made formal demand on his employer for compensation and that the latter has formally refused.
  • Duplechien v. States Exploration Company 94 So. 2d 460 La. Ct. App. 1st Cir. 1957
    s any liability at all to an admittedly injured employee on the alleged ground that the payment of wages constituted the payment of compensation benefits due, the Supreme Court (reversing this Court) has ordered the plea of prematurity overruled, so that the rights and liabilities of the parties may be determined after a trial on the merits; , , Thornton v. E. I. Du Pont De Nemours & Co., 207 La.
  • Murray v. Royal Indemnity Co. 94 So. 2d 690 La. Ct. App. 4th Cir. 1957
    Corp., , ; Carlino v. United States Fidelity & Guaranty Co., 196 La.
  • Scalise v. Liberty Mutual Insurance Company 84 So. 2d 88 La. Ct. App. 1st Cir. 1955
    239, ; Michel v. Maryland Casualty Co., La.App., 1947-1948, ; D'Antoni v. Employers Liability Assurance Corporation, Ltd., 1948, , ; Walker v. Mansfield Hardwood Lumber Co., La.App.
  • Barnes v. Ed. Taussig, Inc. 78 So. 2d 418 La. Ct. App. 1st Cir. 1955
    Corp., Ltd., , ; Carlino v. United States Fidelity & Guaranty Co., 196 La.
  • Myers v. Jahncke Service 76 So. 2d 436 La. Ct. App. 1st Cir. 1954
    We might mention that the case of D'Antoni v. Employers' Liability Assurance Corp., Ltd., supra, first decided by the Court of Appeal for the First Circuit, whose decision was mentioned in the Daigle case, was later reviewed by the Supreme Court, , , which said: "* * * If the employee is actually earning the wages paid him, his suit cannot be dismissed on a plea of prematurity forasmuch as he is not receiving compensation.
  • Wallace v. Remington Rand, Inc. 76 So. 2d 87 La. Ct. App. 1st Cir. 1954
    D’Antoni v. Employers’ Liability Assurance Corporation, Ltd., 1948, , ; Walker v. Mansfield Hardwood Lumber Co., La.App., 1948, 35 So.2d.
  • Mottet v. Libbey-Owens-Ford Glass Co. 57 So. 2d 218 La. 1952
    the suit of an employee who is actually earning wages cannot be dismissed on a plea of prematurity because he is not receiving compensation and conversely if the wages paid him are in reality a gratuity and not for the performance of the work that the payment of such wage or gratuity is equivalent to
  • Mottet v. Libbey-Owens-Ford Glass Co. 57 So. 2d 218 La. 1952
    As pointed out in the case of D’Antoni v. Employers’ Liability Assurance Corporation, , , the suit of an employee who is actually earning wages cannot be dismissed on a plea of prematurity because he is not receiving compensation and conversely if the wages paid him are in reality a gratuity and.
  • Cradeur v. Louisiana Highway Commission 52 So. 2d 601 La. Ct. App. 1st Cir. 1951
    8 , ; Michel v. Maryland Casualty Co., La.App., ; D’ , ; Walker v. Mansfield Hardwood Lumber Co., La.App., ; Mottet v. Libby-Owens-Ford Glass Co., La.App., ; Abshire v. Cities Service Refining Corp., La.App., .
  • Abshire v. Cities Service Refining Corp. 50 So. 2d 307 La. Ct. App. 1st Cir. 1951
    Corp., Ltd., , ; Carlino v. United States Fidelity & Guaranty Co., 196 La.
  • Goodman v. Hillyer, Deutsch, Edwards, Inc. 49 So. 2d 60 La. Ct. App. 2d Cir. 1950
    In the very recent case of D'Antoni v. Employers' Liability Assurance Corporation, Ltd., , , is it said: "The jurisprudence relative to the prosecution by injured employees of claims for further compensation, where they have returned to the service of their former employer in the same or a different capacity, has been settled by this Court in Carlino v. United States Fidelity and Guarant
  • Hammett v. Cities Service Refining Corp. 43 So. 2d 596 La. 1949
    *251 67, , we pointed out that the statute does not require a demand, formal or otherwise, by the employee; and in view of the steps taken by the plaintiff to obtain work of a lighter nature with the company, the unsuccessful outcome of those attempts, the correspondence between plaintiff and the company doctor and the company
  • Hammett v. Cities Service Refining Corporation 36 So. 2d 280 La. Ct. App. 1st Cir. 1948
    381, held: "In the instant case, the Court of Appeal has taken a most narrow and technical view of Subsection 1(b) of Section 18 of the Employers' Liability Act.