Moore v. McDermott, Inc.

CARTER, Judge.

ON REMAND.

This action for civil penalty resulting from wrongful discharge from employment is before us on remand from the Louisiana Supreme Court.

FACTS

Plaintiff, Larry Moore, was employed as a sandblaster/painter by defendant, J. Ray McDermott, Inc. (McDermott) from October, 1978, through November 22, 1982. On November 23, 1982, Moore was terminated. Thereafter, Moore filed suit against McDermott, alleging that the company violated LSA-R.S. 23:1361(B) by discharging him for asserting a claim for worker’s compensation benefits and that he was entitled to a civil penalty under…