Legal Opinion · Concurring in part, dissenting in part

Brooks v. Chicola

Louisiana Court of Appeal

Decided March 4, 1987No. 85-1215Published

1Concurring in part, dissenting in partLaborde, Judge

The rulings of the trial court are correct, no amendments to the judgment should have been made. The trial court properly limited reimbursements and credits for past weekly compensation paid and future weekly benefits to the amount the jury awarded for past loss of wages and future loss of wages, respectively. The underlying policy of the workers’ compensation statute is remedial and does not require an employee to reimburse out of his award for pain and suffering weekly benefits which he failed to recover from a third party tortfeasor.

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Fireman’s and Warehouse appeal the apportionment, as set…

2Cases cited8 opinions

  1. Johnson v. Fireman's Fund Ins. Co.Supreme Court of Louisiana · 1983
  2. Senac v. SandeferSupreme Court of Louisiana · 1982
  3. Fontenot v. Hanover Ins. Co.Supreme Court of Louisiana · 1980
  4. LaGraize v. BickhamLouisiana Court of Appeal · 1980
  5. Stewart v. Hanover Ins. Co.Louisiana Court of Appeal · 1982

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