Gleason v. Lafayette General Medical Center
Louisiana Court of Appeal
1DissentCooks, J.
kThe majority seems stuck on the notion that if an employee voluntarily leaves a job paying him better than 90% of his pre-employment wages, and later becomes disabled then he is out of luck. Their conclusion is based on some sort of “timing” requirement that I cannot find in the workers’ compensation statutes. The only time that is relevant is whether the SEB claim was filed within 3 years from the date of the last payment of benefit, which occurred in this case on March 9, 2009. No one disputes that the SEB claim was timely. Resignation from a job is not the relevant issue here; and,…
2Cases cited6 opinions
- Allen v. City of ShreveportSupreme Court of Louisiana · 1993
- Breaux v. City of New OrleansLouisiana Court of Appeal · 1997
- Brown v. Offshore Energy Service, Inc.Louisiana Court of Appeal · 2012
- Silverman v. Weatherford International, Inc.Louisiana Court of Appeal · 2011
- Kinchen v. City of ShreveportLouisiana Court of Appeal · 2011
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