Legal Opinion

Upchurch v. Bituminous Insurance Co.

Louisiana Court of Appeal

Decided December 6, 1976No. 13057PublishedCited by 2 opinions

1Opinion of the Court

JONES, Judge.

This is a suit by the plaintiff, age 16 at the time of injury, for total and permanent disability benefits under the Louisiana Workmen’s Compensation Law, and for penalties and attorneys’ fees based upon arbitrary and capricious termination of benefits.

Plaintiff had been working in his employer’s machine shop for a period of five weeks when he sustained an injury to his left hand (his dominant hand) while operating a band saw. Plaintiff was holding a pipe in his left hand in the process of cutting the pipe with the saw when his hand was wedged against a bar, severely injuring the…

2Cases cited8 opinions

  1. Ball v. American Marine CorporationSupreme Court of Louisiana · 1963
  2. Williams v. Liberty Mutual Insurance CompanyLouisiana Court of Appeal · 1976
  3. Washington v. Independent Ice & Cold Storage Co.Supreme Court of Louisiana · 1947
  4. Leday v. Lake Charles Pipe & Supply Co.Louisiana Court of Appeal · 1939
  5. Hamilton v. New Amsterdam Casualty CompanyLouisiana Court of Appeal · 1968

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

3Cited by2 opinions

  1. St. Romain v. Insurance Co. of North AmericaLouisiana Court of Appeal · 1981
  2. Upchurch v. Bituminous Insurance Co.Supreme Court of Louisiana · 1977

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