Fulmer v. State, Department of Wildlife & Fisheries
Supreme Court of Louisiana
1Opinion of the Court
KIMBALL, Chief Justice.
11 This case involves a seaman who was injured in the course and scope of his employment with the State of Louisiana. We granted certiorari in this case to determine whether an injured, state-employed seaman in Louisiana can sue the state under the Jones Act (46 U.S.C. § 30104 et seq.) in state court or whether his claim for damages is governed exclusively by the provisions of the Louisiana Workers’ Compensation Act (“LWCA”) (La. R.S. 23:1032 et seq.). For the reasons that follow, we find Louisiana has waived its sovereign immunity from suit for injury to persons and…
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