Hebert v. Jeffrey

I2FOGG, Judge.

The salient issue raised on appeal in this tort action is whether an employer has an action for the reimbursement of worker’s compensation benefits pursuant to LSA-R.S. 23:1101 once it has been determined that the injured employee was not in the course and scope of his employment at the time of the accident.

The facts and procedure of this case are fully set forth in the case of Hebert v. Jeffrey, *35494-1230, 653 So.2d 842 decided this day. The judgment appealed from in the instant case was rendered on May 5, 1994, subsequent to the judgment reviewed in Hebert v. Jeffrey, 94-1230, 653…