Legal Opinion · Dissent

Coleman v. Ascension Enterprise, Inc.

Louisiana Court of Appeal

Decided April 14, 2004No. 2003-1425Published

1Dissent

J¿AMY, J.,

dissenting.

I respectfully disagree that an affirmation is warranted. Louisiana Revised Statutes 23:1201(1) defines an “accident” in the context of workers’ compensation as “an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury [.]” (Emphasis added.) It is well settled that in order for a claimant to recover temporary total disability benefits, such as those sought by Mr. Coleman herein, “the claimant is required to introduce objective medical…

2Cases cited6 opinions

  1. Ross Milling Co. v. GilibertiLouisiana Court of Appeal · 1925
  2. John Bonura & Co. v. Southern Pacific Co.Louisiana Court of Appeal · 1925
  3. Ratliff v. Brice Bldg. Co.Louisiana Court of Appeal · 2003
  4. Daniel v. New Orleans Public Service, Inc.Louisiana Court of Appeal · 2003
  5. Clark v. Town of BasileLouisiana Court of Appeal · 2002

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