Byrd v. Kaiser Aluminum & Chemical Corp.

REDMANN, Judge.

Injured at work in August 1968, plaintiff continued to work until May 1969, when his back was operated on. He thereafter received sickness and accident benefits in accordance with his union’s contract with his employer, until June 1971 when he began to receive retirement benefits. Suit for workmen’s compensation was filed March 20, 1972 and was dismissed as per-empted.

Appellant theorizes that the employer is estopped from invoking the time bar, as in Dupaquier v. City of New Orleans, 1972, 260 La. 728, 257 So.2d 385.

The trial court rejected plaintiff’s contradicted testimony…