Employers' Liability Assurance Corp. v. Kelly

I cannot concur with that portion of the majority’s decision which holds that the plaintiffs herein are entitled to bring this action under authority of the Declaratory Judgments Act. Under the particular facts of this case, the only issue is a factual one and that is whether or not the defendant has fully recovered from a previous injury, thus relieving plaintiffs of the responsibility of continuing weekly compensation payments. To my knowledge, this is the first case of this type to be presented to our courts. I believe the reason is clear.

A perusal of LSA-R.S. 23:1021 et seq. our workmen’s…