Legal Opinion

Malancon v. Ace Transportation, LLC

Louisiana Court of Appeal

Decided August 20, 2014No. 2013 CA 1641Published

1Opinion of the CourtGuidry, J.

|2Claimant, Lashanta Malancon, appeals a judgment of the Office of Workers’ Compensation (OWC), asserting that the OWC judge erroneously calculated his pre-injury wages for purposes of determining what indemnity benefits were owed.

FACTS AND PROCEDURAL HISTORY

In July 2010, Mr. Malancon executed an “Independent Contractor Operating Agreement,” whereby he leased his 2003 Chevrolet pickup truck to Ace Transportation, LLC. The agreement required Mr. Malancon to provide Ace the use of his 2003 Chevrolet pickup truck, “along with one or more professional truck drivers and other incidental…

2Cases cited8 opinions

  1. Nesmith v. Reich Bros.Supreme Court of Louisiana · 1943
  2. Fontenot v. Trans Gulf, Inc.Louisiana Court of Appeal · 1995
  3. Herrin v. Georgia Cas. & Sur. Co.Louisiana Court of Appeal · 1982
  4. Brown v. Vernon Sawyer, Inc.Louisiana Court of Appeal · 1994
  5. Dunning v. Dapco Ventures, LLCLouisiana Court of Appeal · 2002

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