American Motorists Insurance Co. v. State Worker's Compensation Second Injury Board

CARTER, Judge.

This appeal arises from the trial court’s judgment holding that plaintiffs are entitled to reimbursement from the Louisiana Worker’s- Compensation Second Injury Board (Board) for compensation benefits paid to an employee.

FACTS

James Payton, an employee of plaintiff Owens Plumbing & Heating, Inc. (Owens), was injured on May 1, 1981, while in the course and scope of his employment with Owens. Prior to his employment with Owens, Payton had undergone a lumbar disc fusion in 1973.1 Owens became aware of Payton’s preexisting condition sometime during Payton’s eight-year period of…