Legal Opinion

Duplessis v. Tulane University Medical Center

Louisiana Court of Appeal

Decided August 25, 2010No. 2010-CA-0267PublishedCited by 8 opinions

1Opinion of the Court

Judge PATRICIA RIVET MURRAY.

|,This is a workers’ compensation case. The employee, Larry Duplessis, appeals the judgment of the Office of Workers’ Compensation (“OWC”) dismissing his claim for permanent and total disability benefits (“PTD”) against his former employer, Tulane University Medical Center (“Tulane”). The sole issue on appeal is whether the OWC was manifestly erroneous in finding that Mr. Duplessis failed to prove by clear and convincing evidence that he was unable to work. Finding manifest error, we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

On September 5, 2003, Mr.…

2Cases cited13 opinions

  1. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  2. Bruno v. Harbert Intern. Inc.Supreme Court of Louisiana · 1992
  3. John Bonura & Co. v. Southern Pacific Co.Louisiana Court of Appeal · 1925
  4. Daigle v. Sherwin-Williams Co.Supreme Court of Louisiana · 1989
  5. Dean v. Southmark Const.Supreme Court of Louisiana · 2004

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3Cited by8 opinions

  1. Baker v. Harrah'sLouisiana Court of Appeal · 2016
  2. Hahn v. X-Cel Air Conditioning, Inc.Louisiana Court of Appeal · 2013
  3. Gaines v. Home Care Solutions, LLCLouisiana Court of Appeal · 2016
  4. Leidelmeijen v. Ferncrest Manor Nursing Home Luba Workers' Comp.Louisiana Court of Appeal · 2016
  5. Phillips v. City of New OrleansLouisiana Court of Appeal · 2013

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