TOMAS v. CONCO FOOD DISTRIBUTORS

No. 97-426.

702 So.2d 944 (1997)

Gregory L. TOMAS, Plaintiff-Appellant, v. CONCO FOOD DISTRIBUTORS, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 8, 1998.


Attorney(s) appearing for the Case

Roy Maughan, Baton Rouge, for Gregory L. Tomas.

Denis Paul Juge, Patrick J. Browne, Jr., Metairie, for Conco Food Distributors.

Richard McGimsey, Assistant Attorney General, for State.

Before THIBODEAUX, COOKS and SULLIVAN, JJ.


COOKS, Judge.

Gregory L. Tomas sought workers' compensation benefits after suffering a stroke while attending a meeting at work. The Office of Workers' Compensation Administration denied benefits and found it lacked jurisdiction to determine Tomas' constitutional challenge to Louisiana Revised Statute 23:1021(7)(e) which provides recovery for heart-related or perivascular injuries when caused only by extraordinary physical stress. Subsequently, we too agreed...

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