Legal Opinion
Cotten v. Union Tank Car Co.
Louisiana Court of Appeal
Decided June 28, 1983No. 82 CA 0977PublishedCited by 4 opinions
1Opinion of the Court
COLE, Judge.
The legal issue presented by this workers’ compensation suit is whether or not a partially disabled employee must accept available work which he is physically capable of performing in order to recover benefits for his disability.
On January 4, 1979, plaintiff injured his back while working as a trackmobile operator for defendant Union Tank Car Company. He was thereafter hospitalized and treated for his back injury. By November 26, 1980, plaintiff’s treating physician, Dr. Thomas B. Flynn, felt plaintiff was capable of resuming light-duty work. However, Dr. Flynn opined that…
2Cases cited7 opinions
- Oster v. Wetzel Printing, Inc.Supreme Court of Louisiana · 1980
- Schouest v. J. Ray McDermott & Co., Inc.Supreme Court of Louisiana · 1982
- Conlay v. Houston General Ins. Co.Louisiana Court of Appeal · 1979
- LeBlanc v. Commercial Union Assur. Co.Louisiana Court of Appeal · 1977
- Scott v. Sears, Roebuck & Co.Louisiana Court of Appeal · 1981
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3Cited by4 opinions
- Tucker v. Associated Grocers, Inc.Louisiana Court of Appeal · 1985
- Johnson v. FID. & CAS. INS. CO. OF NYLouisiana Court of Appeal · 1993
- Johnson v. Fidelity & Casualty Insurance Co.Louisiana Court of Appeal · 1993
- Cotten v. Union Tank Car Co.Supreme Court of Louisiana · 1983