LEDOUX v. WILLIAM T. BURTON COMPANY

No. 1346.

171 So.2d 795 (1965)

Jacob LEDOUX, Plaintiff and Appellant, v. WILLIAM T. BURTON COMPANY, Inc., Defendant and Appellee.

Court of Appeal of Louisiana. Third Circuit.

Dissenting Opinion February 11, 1965.

Rehearing Denied March 3, 1965.


Attorney(s) appearing for the Case

Baggett & Hawsey, by William B. Baggett, Lake Charles, for plaintiff-appellant.

Camp, Carmouche, Palmer, Carwile, Babin & Barsh, by James L. Babin, Lake Charles, for defendant-appellee.

Before TATE, FRUGE and CULPEPPER, JJ.


CULPEPPER, Judge.

The plaintiff employee sues for workmen's compensation benefits. The district judge sustained defendant's exception of prescription, on the grounds that suit was filed more than one year after the last payment of compensation. (LSA-R.S. 23:1209) From a judgment dismissing his suit, plaintiff appealed.

The essential issue is whether wages paid by defendant to plaintiff after his return to work were payments in lieu of workmen's compensation...

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