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Cited by

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

675 citing documents.

  • LeBlanc v. ERECTORS 977 So. 2d 59 La. Ct. App. 1st Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
  • Poole v. GUY HOPKINS CONST. 984 So. 2d 43 La. Ct. App. 1st Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
  • Royals v. Town of Richwood 968 So. 2d 833 La. Ct. App. 2d Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, 96-2840 (La.7/1/97), .
  • Trahan v. City of Crowley 967 So. 2d 557 La. Ct. App. 3d Cir. 2007
    On the issue of the reduction in SEB, the WCJ found that the reduction implemented as a result of the job offer was improper since the part-time job did not constitute a suitable job, and the offer of employment was not in keeping with the dictates of Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Michael W. Trahan v. City of Crowley La. Ct. App. 3d Cir. 2007
  • Wal-Mart Stores, Inc. v. White 970 So. 2d 626 La. Ct. App. 1st Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
  • Hayes v. Louisiana State Penitentiary 970 So. 2d 547 La. Ct. App. 1st Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Pardee v. Forest Haven Nursing Home 960 So. 2d 1216 La. Ct. App. 2d Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 1996-2840 (La.07/01/97), ; Nelson v. City of Grambling, 31,303 (La.App.2d Cir.12/09/98), , writ denied XXXX-XXXX (La.02/26/99), .
  • TALYOR v. JC Penney 959 So. 2d 549 La. Ct. App. 4th Cir. 2007
    As this court stated in Duhon : We are reminded in Banks [v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 p. 8 (La.7/1/97); ] of "the jurisprudential tenet that worker's [sic] compensation is to be liberally construed in favor of coverage," but we are also bound by La.
  • Adams v. Dependable Source Corp. 961 So. 2d 1183 La. Ct. App. 1st Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 11 (La.7/1/97), .
  • Aucoin v. Cajun Constructors, Inc. 961 So. 2d 1175 La. Ct. App. 1st Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc.
  • Toni W. Odom v. Kinder Nursing Home La. Ct. App. 3d Cir. 2007
  • Odom v. Kinder Nursing Home 956 So. 2d 128 La. Ct. App. 3d Cir. 2007
    In this instance, the workers' compensation judge held that Kinder Nursing Home failed to provide Odom with suitable vocational rehabilitation services, as it failed to meet the standard for proving job availability as set out in Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Ella Mae Smith v. Kinder Retirement and Rehabilitation Center La. Ct. App. 3d Cir. 2007
    7/1/97), we held that it was incumbent upon the employer to prove that the employee was physically able to perform a certain job and that the job was offered to her or that the job was available to her in her or the employer’s community or reasonable geographic region.
  • Smith v. KINDER RETIREMENT AND REH. CENTER 954 So. 2d 365 La. Ct. App. 3d Cir. 2007
    Citing Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 9 (La.7/1/97), , we held that it was incumbent upon the employer to prove that the employee was physically able to perform a certain job and that the job was offered to her or that the job was available to her in her or the employer's community or reasonable geographic region.
  • Crawford v. PONTCHARTRAIN MATERIALS 960 So. 2d 946 La. Ct. App. 1st Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
  • Johnson v. East Baton Rouge Parish School Board 961 So. 2d 388 La. Ct. App. 1st Cir. 2007
  • Lee v. Heritage Manor of Bossier City 954 So. 2d 276 La. Ct. App. 2d Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Brooks v. MADISON PARISH SERVICE DIST. HOS. 954 So. 2d 207 La. Ct. App. 2d Cir. 2007
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Crickett Miller v. Blacktype Farms La. Ct. App. 3d Cir. 2007
  • Miller v. Blacktype Farms 952 So. 2d 867 La. Ct. App. 3d Cir. 2007
    In general, an appellate court is to review factual findings issued in workers' compensation matters according to the manifest error-clearly wrong standard, set forth by the Louisiana Supreme Court in Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Singleton v. Payne Service, Inc. 954 So. 2d 768 La. Ct. App. 1st Cir. 2007
    _LyDISCUSSION Standard of Review In Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 *775 (La.7/1/97), , the Louisiana Supreme Court stated that “[factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review.” The Supreme Court further stated that “[i]n applying the manifest error-clearly wrong standard, the appellate court must determine not wheth
  • Nadine Lanthier v. Family Dollar Store La. Ct. App. 3d Cir. 2006
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97); La.R.S.
  • Lanthier v. Family Dollar Store 942 So. 2d 732 La. Ct. App. 3d Cir. 2006
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97); ; La.R.S.
  • Bethley v. City of New Orleans 945 So. 2d 738 La. Ct. App. 4th Cir. 2006
  • Anthony F. Elie, Sr. v. Sears Roebuck and Company La. Ct. App. 3d Cir. 2006
  • Elie v. Sears, Roebuck & Co. 940 So. 2d 768 La. Ct. App. 1st Cir. 2006
    Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • ANGELO IAFRATE CONST. CO. v. Herring 943 So. 2d 487 La. Ct. App. 1st Cir. 2006
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
  • Roussell v. St. Tammany Parish School Bd. 943 So. 2d 449 La. Ct. App. 1st Cir. 2006
    Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), ; Gordon v. Sandersons Farms, 96-1587 (La.App.
  • Lee v. Kenyan Enterprises 938 So. 2d 1216 La. Ct. App. 2d Cir. 2006
    23:1221(3)(a); Nelson v. City of Grambling, supra; Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Reynolds Industrial Contractors v. Fox 935 So. 2d 783 La. Ct. App. 2d Cir. 2006
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Janice Fluitt v. Christus St. Frances Cabrini Hospital La. Ct. App. 3d Cir. 2006
  • Battle v. Pilgrim's Pride Corp. 935 So. 2d 336 La. Ct. App. 2d Cir. 2006
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Fluitt v. Christus Health Cent. Louisiana 935 So. 2d 369 La. Ct. App. 3d Cir. 2006
    Roofing & Sheet Metal Works, Inc., 96-2840, p. 9 (La.7/1/97), .
  • Linda Hunter v. Alliance Compressors La. Ct. App. 3d Cir. 2006
    7/1/97), (quoting Pinkins v. Cardinal Wholesale Supply, Inc., ).
  • Anderson v. Eckerd Corp. 939 So. 2d 386 La. Ct. App. 1st Cir. 2006
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), ; Smith v. Louisiana Dep’t of Corrections, 93-1305, p. 4 (La.2/28/94), ; Freeman v. Poulan/Weed Eater, 93-1530, pp. 4-5 (La.1/14/94), -38 .
  • Hunter v. Alliance Compressors 934 So. 2d 225 La. Ct. App. 3d Cir. 2006
    Roofing & Sheet Metal Works, Inc., 96-2840, p. 8 (La.7/1/97), (quoting Pinkins v. Cardinal Wholesale Supply, Inc., ).
  • Hitchen v. Southland Steel 938 So. 2d 123 La. Ct. App. 1st Cir. 2006
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
  • Masinter v. Akal Sec., Inc. 934 So. 2d 201 La. Ct. App. 4th Cir. 2006
    Banks v. Industrial *204 Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97); .
  • Robert Sepulvado Logging v. Julius Sepulvado La. Ct. App. 3d Cir. 2006
    7/1/97), the supreme court discussed the purpose of SEB and set forth each party’s burden of proof in an SEB claim as follows: “The purpose of SEBs is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident.” Pinkins v. Cardinal Wholesale Supply
  • Robert Sepulvado Logging, Inc. v. Sepulvado 931 So. 2d 528 La. Ct. App. 3d Cir. 2006
    Supplemental Earnings Benefits In Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, pp. 8-9 (La.7/1/97), , the supreme court discussed the purpose of SEB and set forth each party's burden of proof in an SEB claim as follows: "The purpose of SEBs is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident."
  • Thompson v. City of New Orleans 933 So. 2d 207 La. Ct. App. 4th Cir. 2006
    In Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), , also a workers' compensation case, the Supreme Court said that "[w]here there are two permissible views of the evidence, a factfinder's choice between them can never be manifestly erroneous or clearly wrong."
  • Dubose v. Plant Depot 933 So. 2d 814 La. Ct. App. 4th Cir. 2006
    Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), .
  • Foley v. Sportran, City of Shreveport 930 So. 2d 368 La. Ct. App. 2d Cir. 2006
    23:1221(3)(a); Nelson v. City of Grambling, supra ; Banks v. Industrial Roofing *372 & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Mitchell v. Alliance Compressors 926 So. 2d 127 La. Ct. App. 3d Cir. 2006
    3 Cir. 12/8/04) , , writ denied, 05-0086 (La.3/18/05), (citing Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), ).
  • Linda F. Mitchell v. Alliance Compressors La. Ct. App. 3d Cir. 2006
  • Adrian Broussard v. Lafayette Parish School Board La. Ct. App. 3d Cir. 2006
  • Rose A. Rose v. Maison Deville Care Center La. Ct. App. 3d Cir. 2006
    7/1/97), (alteration in original), the supreme court set forth the standard of review for factual findings in workers’ compensation matters: Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of review.
  • Broussard v. Lafayette Parish School Bd. 926 So. 2d 713 La. Ct. App. 3d Cir. 2006
    The Louisiana Supreme Court established the minimum burden for employers to prove job availability in Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), .
  • Rose v. Maison Deville Care Center 927 So. 2d 625 La. Ct. App. 3d Cir. 2006
    In Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, pp. 7-8 (La.7/1/97), (alteration in original), the supreme court set forth the standard of review for factual findings in workers' compensation matters: Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of review.