DIEBOLD v. LOUISIANA COCA COLA BOTTLING CO., LTD.

No. 88-CA-2100.

542 So.2d 52 (1989)

Philip J. DIEBOLD v. The LOUISIANA COCA COLA BOTTLING CO., LTD., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 17, 1989.


Attorney(s) appearing for the Case

Leonard A. Washofsky, Washofsky, Angelico & Credo, New Orleans, for Philip J. Diebold.

Joseph F. Clark, Jr., Lewis & Caplan, New Orleans, for Louisiana Coca Cola Bottling Co., et al.

Before CIACCIO, WARD and PLOTKIN, JJ.


WARD, Judge.

In this suit for the reinstatement of worker's compensation and medical benefits against the Louisiana Coca Cola Bottling Company, we must decide whether Philip J. Diebold's tender to Coca Cola of one-half of his settlement with a third party tortfeasor's insurer, three years after he compromised his claim, entitled Diebold to "buy back" his rights to benefits in accordance with R.S. 23:1102(B). Limiting our...

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