Legal Opinion
Ortego v. Cabot Corp.
Louisiana Court of Appeal
Decided November 30, 1965No. 1588PublishedCited by 2 opinions
1Opinion of the Court
CULPEPPER, Judge.
This is a workmen’s compensation suit. 'The district judge awarded plaintiff benefits for total and permanent disability. Defendant appealed.
The sole error complained of on appeal is that the trial judge should have sustained defendant’s plea of prescription of one year after cessation of compensation payments. LSA-R.S. 23:1209. This prescriptive issue depends on whether wages paid by defendant to plaintiff, after his return to work, were actually earned or were a gratuity paid in lieu of or in the nature of compensation.
The facts show that plaintiff had worked for defendant,…
2Cases cited6 opinions
- Fruge v. Hub City Iron Works, Inc.Louisiana Court of Appeal · 1961
- Madison v. American Sugar Refining CompanySupreme Court of Louisiana · 1962
- Lindsey v. Continental Casualty CompanySupreme Court of Louisiana · 1962
- Scalise v. Liberty Mutual Insurance CompanyLouisiana Court of Appeal · 1955
- Ledoux v. William T. Burton Co.Louisiana Court of Appeal · 1965
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3Cited by2 opinions
- Daigle v. Liberty Mutual Insurance CompanyLouisiana Court of Appeal · 1967
- Heymann v. Dixie Leasing CorporationLouisiana Court of Appeal · 1971