TOWN OF BERWICK v. JUSTILIAN

No. 93-854.

634 So.2d 1365 (1994)

TOWN OF BERWICK, Plaintiff-Appellee, v. Elmo JUSTILIAN Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

March 2, 1994.


Attorney(s) appearing for the Case

Christopher Richard Philipp, Marjorie Briley Breaux, Lafayette, for Town of Berwick.

Robert Dean Hoover, Anthony Marlyn Butler, Baton Rouge, for Elmo Justilian.

Before GUIDRY, LABORDE and THIBODEAUX, JJ.


LABORDE, Judge.

The sole issue before us in this workers compensation set-off matter is whether LSA-R.S. 23:1225(C)(1)(b) permits an employer an off-set for old age benefits received by a claimant when the claimant received those benefits before becoming employed by the employer, and the employer did not contribute anything to the employee's Social Security old age account. The hearing officer decided the matter in the affirmative, and our reading of the plain language...

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