No. 91-CA-420 Precedential Affirmed Processed

LeBlanc v. Modern Flooring, Inc.

Louisiana Court of Appeal, First Circuit · Filed June 23, 1992 · 603 So. 2d 764

Also decided on this docket: La. Ct. App. 1st Cir., December 11, 1991 591 So. 2d 1240

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Opinion text

ON REMAND FROM THE SUPREME COURT KLIEBERT, Chief Judge. This matter comes before us on remand from the Supreme Court 1 wherein our opinion was vacated and set aside because “[i]t appears that the remand ordered by the court of appeal would result in a reduction of plaintiffs award. This would be improper. Defendants did not appeal or answer the appeal ...” Since a computation made as directed by our opinion, 591 So.2d 1240 , would result in a reduction of benefits to plaintiff and the judgment is definitive against defendants, a remand would serve no purpose. Thus, the award for past due supplemental earnings benefits of $12,781.71 and the finding that plaintiffs average monthly wage at the time of the accident was $1,105.44 are affirmed. The denial of plaintiffs request for penalties and attorneys fees is also affirmed. AFFIRMED. . LeBlanc v. Modern Flooring, Inc., et al., 596 So.2d 543 (La.1992).