Legal Opinion

Tomas v. Conco Food Distributors

Louisiana Court of Appeal

Decided October 22, 1997No. 97-426PublishedCited by 6 opinions

1Opinion of the Court

liCOOKS, Judge.

Gregory L. Tomas sought workers’ compensation benefits after suffering a stroke while attending a meeting at work. The Office of Workers’ Compensation Administration denied benefits and found it lacked jurisdiction to determine Tomas’ constitutional challenge to Louisiana Revised Statute 23:1021(7)(e) which provides recovery for heart-related or perivascular injuries when caused only by extraordinary physical stress. Subsequently, we too agreed hearing officers are not vested with authority to rule on the constitutionality of workers’ compensation statutes. Accordingly, we…

2Cases cited25 opinions

  1. Sibley v. Bd. of Sup'rs of Louisiana State UniversitySupreme Court of Louisiana · 1985
  2. Bd. of Com'rs of Orleans Levee Dist. v. Dept. of Natural ResourcesSupreme Court of Louisiana · 1986
  3. Moore v. RoemerSupreme Court of Louisiana · 1990
  4. Bd. of Dir. of La. Recovery Dist. v. All Taxpayers, Property Owners, and Citizens of StateSupreme Court of Louisiana · 1988
  5. Chamberlain v. State, Through DOTDSupreme Court of Louisiana · 1993

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3Cited by6 opinions

  1. Lloyd v. Shady Lake Nursing Home, Inc.Louisiana Court of Appeal · 2010
  2. Lloyd v. Shady Lake Nursing Home, Inc.Louisiana Court of Appeal · 2010
  3. Martin Petitjean II v. W. Petitjean Operating Co.Louisiana Court of Appeal · 2003
  4. Opinion Number, Louisiana Attorney General Reports2003
  5. Opinion Number, Louisiana Attorney General Reports2003

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