Legal Opinion · Dissent
Costin v. LaSalle Testers
Louisiana Court of Appeal
Decided March 1, 2000No. 32,632-WCAPublished
1Dissent
11 BROWN, J.,
Dissenting.
Apparently the majority agrees, and the evidence clearly supports, that Costin was engaged in extraordinary and unusual physical exertion. The WCJ based her opinion on a contrary belief that there was no proof of any extraordinary or unusual physical exertion. Defendant’s expert, Dr. Eiswirth, likewise based his opinion on the assumption that Costin was not engaged in any abnormal physical exertion.
Workers’ compensation benefits are recoverable when an employee suffers personal injury by accident arising out of and in the course of his employment. La. R.S. 23:1031. It…
2Cases cited7 opinions
- Allor v. Belden Corp.Supreme Court of Louisiana · 1981
- Harold v. La Belle Maison ApartmentsSupreme Court of Louisiana · 1994
- Davis v. Jones Baldwin Music Co.Louisiana Court of Appeal · 1995
- Williams v. Jones Truck Lines, Inc.Louisiana Court of Appeal · 1995
- Downs v. J. & J. MAINTENANCE, INC.Louisiana Court of Appeal · 1997
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