Swilley v. Sun Oil Co.

HALL, Chief Judge.

The issue presented by this case is whether an employee who lost his sense of taste and smell in a work related accident may proceed against his employer in tort when he was not disabled so as to be entitled to disability benefits and the specific loss provisions of the permanent partial disability section of the Louisiana Worker’s Compensation Act do not provide benefits for the particular injury suffered. We hold that plaintiffs exclusive remedy is in worker’s compensation and that his tort action against the employer cannot be maintained.

On August 21, 1984…