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O'REGAN v. PREFERRED ENTERPRISES, INC.

No. 98-CC-1602.

758 So.2d 124 (2000)

Michelle O'REGAN and Ryan O'Regan v. PREFERRED ENTERPRISES, INC. d/b/a Number One Cleaners, et al.

Supreme Court of Louisiana.

March 17, 2000.

Attorney(s) appearing for the Case

Christine S. Tenley, John J. Hainkel, III, Frilot, Partridge, Kohnke & Clements, New Orleans, Counsel for Applicant.

George Brian Recile, Chehardy, Sherman, Ellis, Breslin & Murray, Metairie; Jonathan Beauregard Andry, Andry & Andry, New Orleans; Gary Mark Zwain, Duplass, Zwain & Bourgeois, Metairie; Dominic Joseph Gianna, Marshall Joseph Simien, Jr., Middleberg, Riddle & Gianna, New Orleans; Stephen Nolan Elliott, Bernard, Cassisa & Elliott, Metairie; Robert Edward Barkley, Jr., Nicholas Dale Doucet, Barkley & Thompson, New Orleans; David B. Bartel, Michael L. Zaleski, Quarles & Brady, Counsel for Respondent.

ON REHEARING

KNOLL, Justice.*

At issue before us is the question of whether an employee who has a disease presumed to be non-occupational under LA. REV. STAT. 23:1031.1(D)1 is barred from pursuing a remedy in tort against her former employer by the exclusivity of rights and remedies provision recognized in LA. REV. STAT. 23:1031.1(H).

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