Cited by

Opinions in Louisiana that cite In re Bivins, 696 So. 2d 551.

675 citing documents.

Darwin v. Paretti Imports, Inc. 138 So. 3d 1265 La. Ct. App. 1st Cir. 2014
Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), , the Louisiana Supreme Court clarified the employer’s burden as follows: [A]n employer may discharge its burden of proving job availability by establishing, at a minimum, the following, by competent evidence: (1) the existence of a suitable job within claimant’s physical capabilities and within claimant’s or the
Lafayette Steel Erector, Inc. v. James Constance La. Ct. App. 3d Cir. 2014
Wage Earning Capacity “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)
Lafayette Steel Erector, Inc. v. Constance 137 So. 3d 1251 La. Ct. App. 1st Cir. 2014
Wage Earning Capacity “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), .
Chaisson v. Louisiana Rock Monsters, LLC 140 So. 3d 55 La. Ct. App. 1st Cir. 2014
Thus, “if the [factfinder’s] findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even if convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.” Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Aisola v. Beacon Hospital Management, Inc. 140 So. 3d 71 La. Ct. App. 1st Cir. 2014
4 Cir. 12/19/07), , writ not considered, 08-1716 (La.10/31/08), (citing Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), ; Chatters v. Dorignac’s Food Center, 00-0477 (La.App.
Arretteig v. Our Lady of Lake Hospital, Inc. 142 So. 3d 1048 La. Ct. App. 1st Cir. 2014
time position and declined an interview for a full-time position within her restrictions that would have paid in excess of ninety percent of her average weekly wage; (2) finding that the Case Manager position with OLOL was not available to Ar-retteig where the evidence demonstrated that all of the factors set forth in Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), , regarding job availability were satisfied; |4(3) finding that the earning capacity of the Medical
Gina Alpizar v. Dollar General Corp. La. Ct. App. 3d Cir. 2014
The law pertaining to SEB was recently set forth by our supreme court in Poissenot, 56 So.3d at 174-75 (footnote omitted): “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)
Alpizar v. Dollar General 134 So. 3d 99 La. Ct. App. 1st Cir. 2014
The law pertaining to SEB was recently set forth by our supreme court in Poisse-not, 56 So.3d at 174-75 (footnote omitted): “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), .
Fox v. Reynolds Industrial Contractors, Inc. 135 So. 3d 105 La. Ct. App. 2d Cir. 2014
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), ; Dombrowski v. Patterson-UTI Drilling Co., 46,249 (La.
Greer v. Whole Foods Market, Inc. 133 So. 3d 80 La. Ct. App. 1st Cir. 2014
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 6 (La.7/1/97), .
Thomas v. GM Benefits & Service Center 132 So. 3d 464 La. Ct. App. 2d Cir. 2014
Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), ; Alley v. Perini/O & G Indus., 44,268 (La.App.2d Cir.5/13/09), .
James Long v. Bengal Transportation La. Ct. App. 3d Cir. 2013
2 “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)
Christy Rogel v. Dollar General Corp. La. Ct. App. 3d Cir. 2013
“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)
Long v. Bengal Transportation 127 So. 3d 1103 La. Ct. App. 1st Cir. 2013
| ¡¡“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), .
Rogel v. Dollar General Corp. 132 So. 3d 978 La. Ct. App. 1st Cir. 2013
“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), .
Henderson v. Graphic Packaging International, Inc. 128 So. 3d 599 La. Ct. App. 2d Cir. 2013
Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), ; Dombrowski, supra; Koenig, supra.
John Wiltz v. Todd's Car Wash La. Ct. App. 3d Cir. 2013
Wiltz v. Todd's Car Wash 126 So. 3d 848 La. Ct. App. 1st Cir. 2013
Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
Phillips v. Sanderson Farms, Inc. 136 So. 3d 27 La. Ct. App. 1st Cir. 2013
Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
Rhonda Timberlake v. Christus Health Central Louisiana D/B/A Fara Insurance Services La. Ct. App. 3d Cir. 2013
Timberlake v. Christus Health Central 124 So. 3d 1201 La. Ct. App. 1st Cir. 2013
Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Leon Roy v. Schilling Distributing Company, Inc. La. Ct. App. 3d Cir. 2013
Roy v. Schilling Distributing Co. 156 So. 3d 674 La. Ct. App. 1st Cir. 2013
Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Valerie Fabacher v. Stine, Inc. La. Ct. App. 3d Cir. 2013
―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)
Fabacher v. Stine, Inc. 124 So. 3d 553 La. Ct. App. 1st Cir. 2013
“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), .
Holmes v. Nursecare Nursing & Rehabilitation Center 121 So. 3d 720 La. Ct. App. 2d Cir. 2013
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), ; Pinkins v. Cardinal Wholesale Supply, Inc.
Lester Racca v. Acme Truck Lines, Inc. La. Ct. App. 3d Cir. 2013
Racca v. Acme Truck Lines, Inc. 115 So. 3d 1222 La. Ct. App. 1st Cir. 2013
Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
Richard v. HSLI & Touro Infirmary 119 So. 3d 617 La. Ct. App. 1st Cir. 2013
Bernard, 09-2793 (La.1/9/11), , citing Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Salomone v. Greater Gulf Coast Auto Auctions, Inc. 115 So. 3d 1177 La. Ct. App. 1st Cir. 2013
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, pp. 7-8 (La.7/1/97), .
McCorkle v. Management Services USA, Inc. 113 So. 3d 516 La. Ct. App. 1st Cir. 2013
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7-8 (La.7/1/97), .
Hills v. McDonald's 112 So. 3d 956 La. Ct. App. 1st Cir. 2013
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Garcia v. Hico, Inc. 113 So. 3d 281 La. Ct. App. 1st Cir. 2013
Roofing & Sheet Metal Works, 96-2840 (La.7/1/97), .
Wilson v. Metropolitan Development Center 113 So. 3d 261 La. Ct. App. 1st Cir. 2013
1 Cir. 10/29/10), ; Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Cindy Colwell v. the Summit Retirement Center La. Ct. App. 3d Cir. 2013
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97)
Shanelle Chapman v. Coushatta Tribe of Louisiana La. Ct. App. 3d Cir. 2013
Chapman v. Coushatta Tribe of Louisiana 128 So. 3d 1022 La. Ct. App. 1st Cir. 2013
Roofing & Sheet Metal Works, Inc., 96-2840, pp. 10-11 (La.7/1/97), ).
Colwell v. Summit Retirement Center 128 So. 3d 1029 La. Ct. App. 1st Cir. 2013
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
Lopez v. Marques Food Distributors 110 So. 3d 1132 La. Ct. App. 1st Cir. 2013
Banks v. Industrial Roofing and Sheet Metal, 96-2840 (La.7/1/97), .
Albert v. Air Products & Chemicals 112 So. 3d 906 La. Ct. App. 1st Cir. 2013
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, pp. 7-8 (La.7/1/97), .
Ruiz v. City of New Orleans 109 So. 3d 52 La. Ct. App. 1st Cir. 2013
Banks v. Industrial Roofing and Sheet Metal, 96-2840 (La.7/1/97); .
Hahn v. X-Cel Air Conditioning, Inc. 108 So. 3d 262 La. Ct. App. 1st Cir. 2013
4 Cir. 12/22/10), (citing Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 6 (La.7/1/97), ).
Taylor v. Hanson North America 112 So. 3d 272 La. Ct. App. 1st Cir. 2013
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, pp. 7-8 (La.7/1/97), .
Youngblood v. Covenant Security Svc, L.L.C. 112 So. 3d 233 La. Ct. App. 1st Cir. 2012
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Kinchen v. Wal-Mart Stores, Inc. 111 So. 3d 1056 La. 2012
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
Vicknair v. Wal-Mart Stores, Inc. 111 So. 3d 1065 La. Ct. App. 1st Cir. 2012
Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
Duplechain v. Town of Church Point 107 So. 3d 800 La. Ct. App. 1st Cir. 2012
“ ‘The purpose of [SEB] 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), .” Poissenot v. St.
Cynthia Duplechain v. Town of Church Point La. Ct. App. 3d Cir. 2012
“„The purpose of [SEB] 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), ” Poissenot v. St.
Billy Wayne Broadway v. Shane Mitchell Logging, Inc. La. Ct. App. 3d Cir. 2012
7/1/97), citing Smith v. La.
Magbee v. Federal Express 105 So. 3d 1048 La. Ct. App. 1st Cir. 2012
23:1221(3)(c)(i) and Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), , that a suitable job exists within Mr. Magbee’s and FedEx’s community or reasonable geographic region; at a wage Mr. Magbee, considering his experience and training, would be expected to earn; and that the position actually existed when FedEx notified Mr. Magbee about the opening.