Moore v. McDermott, Inc.

CARTER, Judge.

The question presented is whether an employee was discharged because he asserted a claim for benefits under the provi*1208sions of the Louisiana Worker’s Compensation Law.

FACTS

On June 2, 1982, a board fell from an overhead scaffold striking the plaintiff, Larry Moore, on his head and spine, resulting in a back injury. Initially, defendant, McDermott, sent Moore to Dr. Whitley for examination. Dr. Whitley referred the patient to Dr. Fitter, an orthopedic surgeon. McDermott voluntarily began payment of worker’s compensation benefits on June 3, 1982, in the amount of $399.00 per week.…