Legal Opinion

Aswell v. Rockwood Insurance Co.

Louisiana Court of Appeal

Decided January 20, 1988No. 19313-CAPublishedCited by 3 opinions

1Opinion of the Court

LINDSAY, Judge.

This case concerns the proper amount of worker’s compensation death benefits payable to a dependent child following the remarriage of the dependent widow. The plaintiff, Robbin Aswell, as tutor for her minor son, Jason Allen Aswell, appeals a trial court decision in favor of the defendant, Rockwood Insurance Company, setting the amount of worker’s compensation death benefits due the child at 13.75 percent of the decedent father’s average weekly wage for the two year period following the remarriage of the mother. In addition, the plaintiff claims penalties and attorney fees from…

2Cases cited11 opinions

  1. Sones v. Mutual of Omaha Insurance CompanyLouisiana Court of Appeal · 1973
  2. Blumenfeld v. Rust Craft Greeting Cards, Inc.Supreme Court of New Jersey · 1967
  3. Yardley v. MontgomerySupreme Court of Missouri · 1979
  4. American Mutual Liability Insurance Company v. Suzanne Smith (Child of James v. Smith), and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, American Mutual Liability Insurance Company v. Christopher Lamon and Patrick Wayne Andrews (Children of Cecil Andrews), and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, American Mutual Liability Insurance Company v. Brenda Turnbo (Child of Benny Turnbo, Jr.), and Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 1985
  5. Carlin v. Lockport Paper Co.Appellate Division of the Supreme Court of the State of New York · 1925

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3Cited by3 opinions

  1. Leger v. Calcasieu Parish School BoardLouisiana Court of Appeal · 2010
  2. Self v. Industrial CommissionCourt of Appeals of Arizona · 1998
  3. Barbara Leger v. Calcasieu Parish School BoardLouisiana Court of Appeal · 2010

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