Heyse v. Ernest Baxley Logging, Inc.

ON REHEARING

| jBROWN, Judge,

on rehearing.

We granted rehearing to reconsider the issues presented in this appeal. The facts have been thoroughly set forth in the original opinion and dissent.

Plaintiffs argue that the hearing officer erred in granting summary judgment in favor of defendants, denying benefits to Joseph *119Matthew, the posthumous, legitimate son of decedent. We agree.

Discussion

Under La.R.S. 23:1021(3), a “child” includes a legitimate posthumous child such as Joseph Matthew. However, for the conclusive presumption of La.R.S. 23:1251 to apply, i.e. that the child is actually and…