Jackson v. American Insurance Co.

MARVIN, Judge,

dissent from refusal to grant rehearing.

I respectfully dissent from this court’s refusal to grant a rehearing because the facts of this case, when analyzed in the proper perspective of the Louisiana statute and cases, support the conclusion of the trial court that this employee’s accidental drowning arose out of and occurred during the course of his employment. Lisonbee v. Chicago Mill and Lumber Company, 278 So.2d 5 (La.1973); Malone-Johnson, “Workmen’s Compensation”, 2d Ed., La.Civil Law Treatise, Vol. 13, § 149.

This court agreed with the factual findings by the trial court…