FIORELLA v. SEWERAGE & WATER BD.

No. 12634.

411 So.2d 619 (1982)

Andrew FIORELLA v. SEWERAGE & WATER BOARD.

Court of Appeal of Louisiana, Fourth Circuit.

March 9, 1982.


Attorney(s) appearing for the Case

Louis L. Robein, Jr., Barker, Boudreaux, Lamy, Gardner & Foley, New Orleans, for plaintiff-appellant.

John A. Gordon, Sp. Counsel, Vincent T. LoCoco, Gen. Counsel, Gerard M. Victor, Senior Counsel, Sewerage and Water Bd. of New Orleans, New Orleans, for defendant-appellee.

Before REDMANN, GULOTTA and KLEES, JJ.


REDMANN, Judge.

The employee concedes he was "unable" to do his work and that suffices to affirm his discharge under C.S.C.Rule IX. (There is no evidence to suggest he was "unwilling" and the Commission's finding that he "cannot" continue in his position means only that it is impossible for him, i.e., that he is unable, to do so.)

Art. 1 § 3 protects a public employee only against arbitrary or unreasonable discharge because of physical condition...

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