Legal Opinion

Miley v. Bogalusa Fire Department

Louisiana Court of Appeal

Decided March 6, 2015No. 2014 CA 1113PublishedCited by 4 opinions

1Opinion of the CourtHigginbotham, J.

12This case involves the application of the Firefighter’s Heart and Lung Statute, La. R.S. 33:2581, which creates a presumption of occupation causation whenever a firefighter develops a heart or lung condition during his employment.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Clinton Miley, Jr. made a disputed claim for compensation with the Office of Workers’ Compensation under the Heart and Lung Statute, alleging that his paroxysmal supraventricular tachycardia (PSVT) was compensable under the statute. At the time Mr. Miley made his claim, he had worked for the Bogalusa Fire Department for…

2Cases cited22 opinions

  1. Borden-Aicklen Auto Supply Co. v. Folse Service StationLouisiana Court of Appeal · 1927
  2. American Home Building Co. v. SlateLouisiana Court of Appeal · 1928
  3. Buxton v. Iowa Police DepartmentSupreme Court of Louisiana · 2009
  4. Breaux v. Travelers Ins. Co.Louisiana Court of Appeal · 1988
  5. Allen v. City of ShreveportSupreme Court of Louisiana · 1994

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3Cited by4 opinions

  1. Safford v. Hammerman & Gainer International, Inc.Louisiana Court of Appeal · 2016
  2. James Schexnayder Versus Jefferson Parish Fire DepartmentLouisiana Court of Appeal · 2023
  3. Kenneth Prevost v. City of New Orleans Fire DepartmentLouisiana Court of Appeal · 2024
  4. Stacie Bacon Versus Jefferson Parish Fire DepartmentLouisiana Court of Appeal · 2022

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