FULMER v. DEPT. OF WILDLIFE AND FISHERIES

No. 2010-C-2779.

68 So.3d 499 (2011)

Desi FULMER v. STATE of Louisiana, DEPARTMENT OF WILDLIFE AND FISHERIES and Gary Pierce.

Supreme Court of Louisiana.

Rehearing Denied September 2, 2011.


Attorney(s) appearing for the Case

James D. Caldwell , Attorney General, Provosty & Gankendorff, LLC, Lena Dawn Giangrosso , Henry St. Paul Provosty , for Applicant.

Law Office of Tonry & Ginart, LLC, Richard A. Tonry , Joyce Duhe Young , Kim Cooper Jones , Michael Charles Ginart, Jr. , for Respondent.


KIMBALL, Chief Justice.

This case involves a seaman who was injured in the course and scope of his employment with the State of Louisiana. We granted certiorari in this case to determine whether an injured, state-employed seaman in Louisiana can sue the state under the Jones Act (46 U.S.C. § 30104 et seq.) in state court or whether his claim for damages is governed exclusively by the provisions of the Louisiana Workers' Compensation Act ("LWCA") (La. R...

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