Gaines v. Home Care Solutions, LLC
Louisiana Court of Appeal
1DissentTobias, J.
11Workers’ compensation benefits are available for an employee who suffers an injury that produces a temporary total disability preventing the employee from engaging in any self-employment or other occupation for wages. But compensation for temporary total disability may only be awarded if the employee proves by clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment or self-employment. La. R.S. 23:1221(1); Buxton v. Iowa Police Dept., 09-0520, p. 21 (La.10/20/09), 23 So.3d 275, 288. That is, the employee must…
2Cases cited21 opinions
- Banks v. Indus. Roofing & Sheet MetalSupreme Court of Louisiana · 1997
- Prim v. City of ShreveportSupreme Court of Louisiana · 1974
- Johnson v. Ins. Co. of N. AmericaSupreme Court of Louisiana · 1984
- Louisiana State Bar Association v. EdwinsSupreme Court of Louisiana · 1976
- Buxton v. Iowa Police DepartmentSupreme Court of Louisiana · 2009
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