Valdez v. Equitable Equipment Co.

LEMMON, Judge.

The issue in this appeal by plaintiff from a judgment dismissing his suit for Louisiana workmen’s compensation benefits is whether plaintiff made a binding election to accept benefits under the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. § 901 et seq.) so as to preclude a suit for recovery under the Louisiana Workmen’s Compensation Act (R.S. 23:1021 et seq.).

I

Defendants filed exceptions of no cause of action and lack of jurisdiction over the subject matter, asserting that the suit for state compensation benefits was precluded by his election to recover under…