Lewis v. Cornerstone Village, Inc.

| WOODARD, J.,

dissenting.

Respectfully, I must dissent from the majority’s position.

The consent judgment, by its very terms, terminates the award' of benefits when “she [Ms. Lewis] is capable of returning to gainful employment.” Therefore, La.R.S. 23:1310.8 is inapplicable because no modification of the judgment was required before terminating the benefits; rather, Ms. Lewis agreed upon a course of action that would save both time, energy, and money for her and her employer, not to mention for the courts, by including in the consent judgment, a provision for her benefits to automatically…