Legal Opinion

Covington v. Ace Transportation, Inc.

Louisiana Court of Appeal

Decided October 23, 2002No. 36,507-WCAPublishedCited by 1 opinion

1Opinion of the Court

11 HARRISON, Judge Pro Tempore.

The claimant, James Covington Sr., appeals a summary judgment holding that pursuant to a lease agreement, only 10% of the “earned revenue” from the lease constituted average weekly wage for purposes of calculating worker compensation benefits. Covington contends that all earned revenue, or at least the industry average of 25%, should be the average weekly wage. For the reasons expressed, we affirm.

Procedural background

Covington, a truck driver and loader, injured his back while working on January 9, 1999. Ace Transportation’s compensation carrier, Liberty…

2Cases cited12 opinions

  1. Brown v. Drillers, Inc.Supreme Court of Louisiana · 1994
  2. Peterson v. SchimekSupreme Court of Louisiana · 1999
  3. Nesmith v. Reich Bros.Supreme Court of Louisiana · 1943
  4. Fontenot v. Trans Gulf, Inc.Louisiana Court of Appeal · 1995
  5. France v. a & M WOOD CO.Louisiana Court of Appeal · 1990

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3Cited by1 opinion

  1. Malancon v. Ace Transportation, LLCLouisiana Court of Appeal · 2014

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