Legal Opinion · Concurrence

Talbert v. G.A.T. Airline Ground Support, Inc.

Louisiana Court of Appeal

Decided November 3, 2006No. 2005 CA 2215Published

1ConcurrenceWhipple, J.

_JjThe majority affirms the workers’ compensation judge’s refusal to accelerate benefits pursuant to LSA-R.S. 23:1333 under a judgment awarding claimant TTDs as long as benefits were compensable, where the employer established that the claimant was no longer temporarily, totally disabled. While I find the better course would be to require that a payor defendant/employer file a request for modification once a judgment has been rendered or entered, under the applicable jurisprudence, the result reached by the majority is correct.

In Dixon v. King, 178 La. 1,150 So. 385, 386 (1933), the Louisiana…

2Cases cited4 opinions

  1. Duncan v. State, Dept. of Transp. and DevelopmentSupreme Court of Louisiana · 1993
  2. Lytell v. Strickland Transp. Co., Inc.Supreme Court of Louisiana · 1979
  3. Dixon v. KingSupreme Court of Louisiana · 1933
  4. Lewis v. Cornerstone Village, Inc.Louisiana Court of Appeal · 2003

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