ST. PAUL FIRE & MARINE INS. CO. v. SMITH

No. 92-C-1043.

609 So.2d 809 (1992)

ST. PAUL FIRE & MARINE INSURANCE COMPANY v. E.R. SMITH, Jr. d/b/a E.R. Smith Electrical Contractor, et al.

Supreme Court of Louisiana.

Rehearing Denied February 4, 1993.


Attorney(s) appearing for the Case

Woodrow W. Wyatt, Brian L. Williams, Baton Rouge, for applicant.

Ronald F. DeFrances, Warren D. Ponder, Baton Rouge, Teresa C. Leyva, Kristi L. Stroebel, Sutherland, Juge, Horack & Dwyer, New Orleans, for respondents.

Stephen E. Broyles, Baton Rouge, for Earl Brooks (Amicus Curiae).


HALL, Justice.

This case raises the question of whether the 1989 amendment to LSA-R.S. 23:1103, effective January 1, 1990, granting an employer first payment for worker's compensation paid out of any damages recovered by the employee from a third party, regardless of how the damages are classified and whether the damages include compensation for losses other than medical expenses or lost wages, should be applied retroactively. The court of appeal, reversing...

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