COVINGTON v. REX PAINTING INC.

No. 6733.

315 So.2d 368 (1975)

Lee A. COVINGTON v. REX PAINTING INC., and State Automobile and Casualty Underwriters.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied August 5, 1975.

Writ Refused October 17, 1975.


Attorney(s) appearing for the Case

David Gertler, Steven R. Plotkin, New Orleans, for plaintiff-appellant.

Donald v. Organ, Organ & Pierce, New Orleans, for defendants-appellees.

Before REDMANN, STOULIG and SCHOTT, JJ.


REDMANN, Judge.

Plaintiff appeals from the dismissal on the merits of his workmen's compensation claim for the occupational disease of silicosis from sandblasting.

Because plaintiff worked less than 12 (actually, less than three and a half) months for defendant employer, La.R.S. 23:1031.1, subd. C declares a presumption that the disease is non-occupational (as to the short-term employer) even if "contracted" during the short-term employment, but allows rebuttal...

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