Landry v. National Gypsum Co.

REDMANN and BEER, Judges,

dissenting.

The severity of plaintiff’s asbestosis is much less than that of Chivoletto v. Johns-Manville P. Corp., La.App. 4 Cir. 1976, 319 So.2d 492, aff’d La., 330 So.2d 295, which held plaintiff’s disability not permanent and total. We there awarded benefits under R.S. 23:1221(4)(p) for impairment of the physical function of the lungs (a question not reviewed by the Supreme Court). We might here make a similar award.

But we find the medical evidence persuasive to the point of compelling a conclusion that Landry’s inability to return to his former employment is due…