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| Adams v. Dependable Source Corp., 2006 CA 1331,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Supplemental earnings benefits award under La. Rev. Stat. Ann. § 23:1221 was affirmed because the Office of Workers' Compensation had ample evidence to find that the claimant's medical condition precluded him working all the potential hours allowed.
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| Allstate Indem. Co. v. Wooley, 2006 CA 1388,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Where an insurer paying the premium tax overstated its credits under La. Rev. Stat. Ann. § 22:1068, the insurer should not have been penalized under La. Rev. Stat. Ann. § 22:1072 for its timely yet incorrect premium tax payment because the statute did not entail imposing a penalty on a payment that was made timely yet for an incorrect amount.
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| Aucoin v. Cajun Constructors, Inc., 2006 CA 1116,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Discrepancies among the testimony of witnesses for a workers' compensation benefits claimant about the date of the accident and how exactly the claimant hit his head on a pipe were insignificant and insufficient to cast doubt of on the claimant's credibility, and he was entitled to supplemental earnings benefits under La. Rev. Stat. Ann. § 23:1208.
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| Baldwin v. Bd. of Supervisors for the Univ. of La. Sys., 2006 CA 0961,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Partial summary judgment was improperly granted to state university system board of supervisors and director of athletics in former coach's racial discrimination claim under La. Rev. Stat. Ann. § 23:332A(1) when university's decision to not hire a marketing director and variables used to grade team's performance could have been racially motivated.
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| Ball v. Heritage Manor of Mandeville, NUMBER 2006 CA 1379,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Under La. Code Civ. Proc. Ann. art. 2083, amended judgment was fatally defective and could not be considered final judgment as it did not contain any decretal language, did not specifically enter judgment in favor of or against a party, and did not award or deny workers' compensation benefits or specify any other relief. Thus, appeal was dismissed.
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| Bardwell v. Faust, NO. 2006 CA 1472,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: In La. Rev. Stat. Ann. § 37:108 action, because, as trial court found, summary judgment was proper procedural vehicle to raise peremption under La. Rev. Stat. Ann. § 9:5604, and summary judgment for CPA was valid as former client did not plead fraud with particularity, client's request for review panel and malpractice claim were declared perempted.
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| Bosarge v. La. Patient's Comp. Fund, NUMBER 2006 CA 1354,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: When plaintiffs sought declaratory judgment under La. Rev. Stat. Ann. § 49:964 that their medical malpractice claim against a mental health center was timely filed with the Louisiana Patient's Compensation Fund under La. Rev. Stat. Ann. § 40:1299.47(A)(1)(c), the action was remanded to join the center as an interested party in the underlying claim.
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| Cathcart v. Magruder, NO. 2006 CA 0986, CONSOLIDATED WITH NO. 2006 CA 0987, CONSOLIDATED WITH NO. 2006 CA 0988,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Where owners' property was subject to servitudes of passage and building restrictions, ownership by an LLC did not violate the restrictions, because the LLC's property was used for recreational and residential purposes; under, inter alia, La. Civ. Code Ann. art. 650, neighbors established their entitlement to use the servitudes.
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| Cowart v. Lakewood Quarters Ltd. P'ship, NUMBER 2006 CA 1530,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Employer was vicariously liable for the intentional tortious actions of the employee, because the employee smashed a coffee mug over the claimant's head and proceeded to beat her with a metal three-hole punch after being informed that she had to take a demotion or be terminated.
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| Cutno v. Gainey's Concrete Prods., NUMBER 2006 CA 1582,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 4, 2007, Judgment Rendered
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Overview: Workers' compensation judge properly dismissed employee's claim for additional benefits where the employee failed to establish a causal connection between his later back and hip complaints and his work-related accident; an MRI of the employee's pelvis was normal and an MRI of his lumbar spine revealed degenerative changes compatible with his age.
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