SMITH v. LOUISIANA DEPT. OF CORRECTIONS

No. 93-C-1305.

633 So.2d 129 (1994)

Edward SMITH v. LOUISIANA DEPARTMENT OF CORRECTIONS.

Supreme Court of Louisiana.

February 28, 1994.


Attorney(s) appearing for the Case

Arthur Cobb, Jr., Cobb & Cobb, Baton Rouge, for applicant.

Robert J. Collins, Baton Rouge, for respondent.


HALL, Justice.*

In this worker's compensation case, the issue is whether plaintiff has proven that his disability prevents him from earning 90% of his pre-injury wages so as to entitle him to supplemental earnings benefits under LSA-R.S. 23:1221(3). The administrative hearing officer held plaintiff had not made such a showing, instead finding that "claimant is restricted more by his trepidation than by his disability." The court of appeal...

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