Legal Opinion

Hernandez v. Asap Emp't Serv., Inc.

Louisiana Court of Appeal

Decided October 18, 2018No. NUMBER 2017 CA 1437Published

1Opinion of the CourtCrain, J.

In this workers' compensation proceeding, Benny Hernandez appeals a judgment sustaining peremptory exceptions of prescription and res judicata , and dismissing his claims against Xcel Erectors, Inc. with prejudice. We affirm.

On September 16, 2014, Hernandez was injured while working at a plant in Donaldsonville, Louisiana. Hernandez, represented by counsel, filed a disputed claim for compensation against his employer, ASAP Employment Services, Inc., and ASAP's insurer, Louisiana Construction and Industry Self Insurers Fund ("LCI"). The parties negotiated a settlement, which was approved by…

Also in this document: Dissent.

2Cases cited6 opinions

  1. Isaac v. LathanLouisiana Court of Appeal · 2002
  2. Richard J. Borja v. Fara St. Bernard Parish GovernmentSupreme Court of Louisiana · 2016
  3. Putman v. Quality Distribution, Inc.Louisiana Court of Appeal · 2011
  4. Theodore v. Iberville Parish School BoardLouisiana Court of Appeal · 2013
  5. Ward v. McDermottLouisiana Court of Appeal · 2005

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