Legal Opinion · Concurrence

Lake Charles Dodge v. LeBlanc

Louisiana Court of Appeal

Decided March 9, 1994No. 93-452Published

1Concurrence

I ^ABORDE, Judge,

concurring.

This court has concluded that a worker by law must be classified as permanently totally disabled, if:

1) the worker presently “is disabled from returning to gainful employment”;

2) his “condition will probably worsen”;

3) there remains significant medical uncertainty whether his “condition will improve enough for him to return to work”; and

4) the hazards of additional trauma are too great to require him to risk future employment.

In reaching its decision, the hearing officer was presented with testimony by a treating neurosurgeon that the claimant is not a good…

2Cases cited11 opinions

  1. Rosell v. EscoSupreme Court of Louisiana · 1989
  2. Arceneaux v. DomingueSupreme Court of Louisiana · 1978
  3. Bruno v. Harbert Intern. Inc.Supreme Court of Louisiana · 1992
  4. Breaux v. Travelers Ins. Co.Louisiana Court of Appeal · 1988
  5. Brewster v. Manville Forest Products Corp.Louisiana Court of Appeal · 1985

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