GRIMMER v. BEAUD

No. CA 87 1320.

537 So.2d 299 (1988)

Christine GRIMMER v. Joseph BEAUD, Sr., Joseph Beaud, Jr., Victor A. Debatez, Walter Morrison and Preston Chustz, Sheriff, Parish of Pointe Coupee.

Court of Appeal of Louisiana, First Circuit.

Writ Denied March 3, 1989.


Attorney(s) appearing for the Case

John F. Craton, Crowley, for plaintiff-appellee Christine Grimmer.

Frank J. Achary, Metairie, for intervenor-appellee American Ins. Co.

Robert J. Vandaworker, Taylor, Porter, Brooks & Phillips, Baton Rouge, for defendants-appellants Victor A. Debetaz and La. Farm Bureau Cas. Ins.

Before CARTER, LANIER and LeBLANC, JJ.


LeBLANC, Judge.

The issues presented herein are: (1) whether LSA-R.S. 23:1102 C(1) as amended by Acts 1984, No. 852, § 1, which requires a tortfeasor or its insurer to automatically reimburse the total amount of worker's compensation paid when an employer or its insurer fails to approve a compromise between the employee and tortfeasor, is constitutional and (2) whether LSA-R.S. 23:1102 C(1) applies to defendants herein since the statute refers to "third party...

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