Fidelity & Casualty Co. of New York v. State ex rel. Louisiana Worker's Compensation Second Injury Board

|2LeBLANC, Judge.

This is a claim by Fidelity & Casualty Company of New York (Fidelity), a worker’s compensation insurer, plaintiff/appellee, against the Worker’s Compensation Second Injury Board (Board), defendant/appellant, pursuant to La.R.S. 23:1371 et seq. for benefits allowed under the statute. The trial court rendered judgment in favor of Fidelity and the Board appeals.

FACTS

Twin Brothers Marine Corporation employed Russell Legnon as a welder. Before he was employed Mr. Legnon advised Twin Brothers of a previous injury he had sustained which resulted in a 35 percent permanent partial…