Legal Opinion
State, DOTD v. Berry
Louisiana Court of Appeal
Decided August 13, 2014No. 49,186-WCAPublishedCited by 4 opinions
1Opinion of the CourtMoore, J.
LThe State of Louisiana, through the Department of Transportation & Development (“DOTD”), appeals a judgment assigning permanent total disability (“PTD”) to the claimant, James “Mike” Berry. We affirm.
Factual Background
Berry was employed as a laborer by DOTD. At the time of his injury in March 1986, his average weekly wage was $856.25, yielding a workers’ comp rate of $237.50 per week. On the day of the accident, he was working with a crew to clear brush and foliage from the side of La. Hwy. 17 in West Carroll Parish. While operating a chainsaw, he lost his footing on a steep ditch bank and…
2Cases cited11 opinions
- Bruno v. Harbert Intern. Inc.Supreme Court of Louisiana · 1992
- Dean v. Southmark Const.Supreme Court of Louisiana · 2004
- Buxton v. Iowa Police DepartmentSupreme Court of Louisiana · 2009
- Comeaux v. City of CrowleySupreme Court of Louisiana · 2001
- Daugherty v. Domino's PizzaSupreme Court of Louisiana · 1996
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3Cited by4 opinions
- Harris v. City of BastropLouisiana Court of Appeal · 2015
- Royals v. Town of RichwoodLouisiana Court of Appeal · 2015
- Smith v. Highlines Construction Co.Louisiana Court of Appeal · 2016
- John J. Tombrello v. State of Louisiana through LSUHSCLouisiana Court of Appeal · 2024