SMITH v. DATACHEM INC.

No. 88-CA-325.

540 So.2d 1282 (1989)

Elsie Delores Batley SMITH, Individually and as Natural Tutrix of the Minor Children, Kembra Cheray Smith and Holly Dené Smith v. DATACHEM, INC. and American Express Underwriters, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

March 15, 1989.


Attorney(s) appearing for the Case

Warren D. Rush, Lafayette, for plaintiffs-appellants.

Thomas S. Morse, Jesse R. Adams, Adams and Johnston, New Orleans, for defendants-appellees.

Before CHEHARDY, GAUDIN and DUFRESNE, JJ.


GAUDIN, Judge.

The only issue involved in this appeal is whether LSA-R.S. 23:1081(1)(b) unconstitutionally discriminates against alcoholics. In pertinent part, the statute states that no workmen's compensation benefits shall be allowed for an injury caused by the employee's intoxication at the time of the injury. For the following reasons, we affirm the district court holding that the statute is constitutional.

Curtis Wayne Smith was fatally injured while...

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