Hillman v. Comm-Care, Inc.

^DECUIR, J.,

dissenting.

In affirming the judgment of the workers’ compensation judge, the majority relies heavily on this court’s opinion reversing a grant of summary judgment in Hillman v. Comm-Care, Inc., 98-1341 (La.App. 3 Cir. 5/19/99); 732 So.2d 841. I dissented from that decision and must respectfully dissent from this one as well.

I joined Judge Amy’s dissent in the first Hillman case because I thought summary judgment was appropriate. After reviewing the evidence submitted at trial, I am still of that opinion. I conclude now, as I did in the first Hillman opinion, that applying the…