Legal Opinion · Dissent

Rando v. Anco Insulations Inc.

Supreme Court of Louisiana

Decided May 22, 2009No. 2008-C-1163, 2008-C-1169Published

1DissentVictory, J.

Iil dissent from the majority’s holding that mesothelioma is not a compensable occupational disease under the pre-1975 version of the Louisiana Workers’ Compensation Act (the “Act”).

The issue before the Court involves an examination of the 1952 version of La. R.S. 23:1031.1 to determine if asbestos is an oxygen compound or a metal compound under that statute. The majority recites the correct rules of statutory construction, namely, that “[w]hen a law is clear and unambiguous and its application does not lead to absurd consequences, the law is applied as written, and no further interpretation…

2Cases cited29 opinions

  1. Borden-Aicklen Auto Supply Co. v. Folse Service StationLouisiana Court of Appeal · 1927
  2. Palmetto Oil Co. v. Bethany Oil & Gas Co.Louisiana Court of Appeal · 1927
  3. Roberts v. Sewerage and Water Bd.Supreme Court of Louisiana · 1994
  4. Lester v. Southern Cas. Ins. Co.Supreme Court of Louisiana · 1985
  5. Dick v. Gravel Logging Co.Supreme Court of Louisiana · 1922

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