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NECAISE v. A.C. CO. OF SOUTH LOUISIANA, INC.

No. 85-1062.

499 So.2d 1074 (1986)

Richard Wayne NECAISE, Plaintiff-Appellant, v. A.C. COMPANY OF SOUTH LOUISIANA, INC., American Insurance Company and Fireman's Fund Insurance Company, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

October 8, 1986.

Attorney(s) appearing for the Case

David K. Balfour, Lafayette, for plaintiff-appellant.

Denis Paul Juge, New Orleans, Kermit A. Doucet, Lafayette, David McCroskey, New Iberia, Chris G. Robins and Edward C. Abel, of Onebane and Assoc., Lafayette, for defendants-appellees.

Before FORET, STOKER and KING, JJ.

KING, Judge.

The sole issue presented by this appeal is whether or not an employer and its worker's compensation insurance carrier can unilaterally take an "offset" provided for by LSA-R.S. 23:1225, from the worker's compensation benefits judicially owed to the employee under a court judgment, without first making a judicial demand and obtaining judicial approval for the "offset."

On September 25, 1984, Richard Wayne Necaise (hereinafter referred to as plaintiff...

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