Legal Opinion · Dissent

Rawls v. Dixie Drilling Co.

Louisiana Court of Appeal

Decided February 18, 1964No. 1017Published

1DissentTate, Judge

If the majority opinion stands, a permanently disabled workingman will be denied workmen’s compensation benefits, finally and for all time, just because the majority has arbitrarily concluded the workingman should have proved his case beyond a reasonable doubt, not merely by the preponderance of the evidence.

One could not glean from the majority opinion any reason why a conscientious and experienced trial judge not only held the plaintiff to. be permanently and totally disabled, but why he further assessed penalties against the defendant insurer for arbitrary failure to pay compensation for…

2Cases cited12 opinions

  1. Bean v. Higgins, Inc.Supreme Court of Louisiana · 1956
  2. Edwards v. Shreveport Creosoting Co.Supreme Court of Louisiana · 1945
  3. Wade v. Calcasieu Paper CompanySupreme Court of Louisiana · 1956
  4. McClung v. Delta Shipbuilding Co.Louisiana Court of Appeal · 1948
  5. Sharp v. Esso Standard Oil Co.Louisiana Court of Appeal · 1954

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API