Legal Opinion · Dissent

Gleason v. Lafayette General Medical Center

Louisiana Court of Appeal

Decided December 12, 2012No. 12-652Published

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

  1. Allen v. City of ShreveportSupreme Court of Louisiana · 1993
  2. Breaux v. City of New OrleansLouisiana Court of Appeal · 1997
  3. Brown v. Offshore Energy Service, Inc.Louisiana Court of Appeal · 2012
  4. Silverman v. Weatherford International, Inc.Louisiana Court of Appeal · 2011
  5. Kinchen v. City of ShreveportLouisiana Court of Appeal · 2011

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API