BREAUX v. CITY OF NEW ORLEANS

No. 97-CA-0273.

699 So.2d 482 (1997)

Ward A. BREAUX v. The CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 15, 1997.


Attorney(s) appearing for the Case

William Ken Hawkins, Robein, Urann & Lurye, Metairie, for Plaintiff/Appellee.

Avis Marie Russell, City Attorney, Milton Osborne, Jr., Deputy City Attorney, Scott P. Shea, Assistant City Attorney, New Orleans, for Defendant/Appellant.

Before CIACCIO, LOBRANO and PLOTKIN, JJ.


PLOTKIN, Judge.

This case involves the application of the Louisiana Heart and Lung Statute, LSA-R.S. 33:2581, which creates a presumption of occupational causation whenever a fireman develops a heart or lung disease during his employment.

Facts

The plaintiff, Ward Breaux, made a claim for worker's compensation supplemental earnings benefits (SEB) under the Heart and Lung Statute, alleging that his Chronic Obstructive Pulmonary Disease (COPD...

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