Legal Opinion

Bertsch v. South Gateway Tire

Louisiana Court of Appeal

Decided August 18, 1999No. 32,167-WCAPublishedCited by 2 opinions

1Opinion of the Court

h CARAWAY, J.

In this worker’s compensation case, the employee disputes the employer’s termination of supplemental earnings benefits (SEBs). Following the employee’s surgery and his refusal to return to a new job offered by the employer, the employee ob*1226tained a job elsewhere paying considerably less than his pre-injury wages. Finding that the position offered by the employer would have alleviated the need for SEBs, we affirm the ruling of the worker’s compensation judge.

Facts

Michael Bertsch was a warehouse manager of South Gateway Tire Company (“Gateway”) earning $2200 per month in salary. On…

2Cases cited6 opinions

  1. Banks v. Indus. Roofing & Sheet MetalSupreme Court of Louisiana · 1997
  2. Freeman v. Poulan/Weed EaterSupreme Court of Louisiana · 1994
  3. Daigle v. Sherwin-Williams Co.Supreme Court of Louisiana · 1989
  4. Pinkins v. Cardinal Wholesale Supply, Inc.Supreme Court of Louisiana · 1993
  5. Harvey v. BE & K CONST.Louisiana Court of Appeal · 1998

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. FieldsLouisiana Court of Appeal · 2014
  2. Carignan v. LOUISIANA COMPRESSOR MAINT. CO.Louisiana Court of Appeal · 2002

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