No. 5037 Precedential Processed

Roberson v. Liberty Mutual Insurance

Louisiana Court of Appeal, First Circuit · Filed October 31, 1975 · 321 So. 2d 398

Also decided on this docket: La. Ct. App. 1st Cir., June 6, 1972 265 So. 2d 349; La. Ct. App. 1st Cir., May 31, 1960 121 So. 2d 311; La. Ct. App. 3d Cir., October 10, 1975 316 So. 2d 22

Authorities cited

Identified automatically; this list may not be exhaustive.

Charbonnet v. Hayes 320 So. 2d 201
Roberson v. Liberty Mutual Insurance Co. 316 So. 2d 22

Opinion text

DOMENGEAUX, Judge. This case has been reargued before a panel of five judges, pursuant to an order of the Supreme Court, in accordance with Article 5, Section 8(B) of the Constitution of 1974. 320 So.2d 201 (La.1975). We have considered the reargument, the complete record, and the briefs filed and have concluded that our original majority opinion (see 316 So.2d 22 ) is correct. Having reached that conclusion, we reinstate our original majority opinion which: (1) reversed the judgment of the trial court insofar as it granted plaintiff penalties and attorney’s fees; (2) amended and recast said judgment as so to award the plaintiff permanent and total workmen’s compensation benefits but subject to a credit for compensation previously paid; and (3) affirmed said judgment in all other respects. Costs of this appeal originally and on reargument are to be equally divided between appellee and appellant. Affirmed in part, amended in part, reversed in part, and rendered.