Legal Opinion · Dissent

Charles v. Lake Charles Memorial Hospital

Louisiana Court of Appeal

Decided May 30, 2007No. 06-1590Published

1DissentThibodeaux, Chief Judge

_JjThe decision of the majority to award workers’ compensation benefits to the plaintiff is neither legally nor factually supportable. I agree that an accident occurred and the proof was sufficient to prove the occurrence of the accident. The proof, however, of a compensable accident is nonexistent. The record is bereft of any competent proof showing objective findings of an injury. See La.R.S. 28:1021(1). In order for an accident producing an injury to be compensable, there must be admissible and competent evidence of disability. Dr. Bernauer’s answers to hypotheticals posed to him in a…

2Cases cited1 opinion

  1. Phillips v. Coca-Cola Bottling Co. UnitedLouisiana Court of Appeal · 2006

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