Arrant v. Graphic Packaging International, Inc.

Because I find NIHL is neither a covered occupational disease under any version of La.Rev.Stat. § 23:1031.1, nor a personal injury by accident under any applicable version of the LWCA, I respectfully dissent from the majority’s affirmation of the judgment of the court of appeal and find plaintiffs’ tort claims against their employers for NIHL are not barred by the exclusive remedy provision of the LWCA. Finding no manifest error, I would reinstate the judgment of the district court.

As well established, any interpretation of the provisions of the LWCA must take into account the basic history…