WAL-MART STORES, INC. v. KEEL

No. 2001-CA-3013.

817 So.2d 1 (2002)

WAL-MART STORES, INC. v. Parthena KEEL.

Supreme Court of Louisiana.

Opinion on Grant of Rehearing May 31, 2002.


Attorney(s) appearing for the Case

Charles M. Kreamer, Allen & Gooch, Lafayette, Counsel for Applicant.

Matthews R. Richards, Baton Rouge, Curtis D. Street, Monroe, Counsel for Respondent.


TRAYLOR, J.

We granted a writ of certiorari to determine whether La.Rev.Stat. 23:1225(C)(1)(b) permits an employer to reduce the weekly workers' compensation benefits paid to a disabled employee if the employee also receives old age Social Security benefits under 42 U.S.C. § 401 et seq. For the reasons that follow, we conclude that La.Rev.Stat. 23:1225(C)(1)(b) arbitrarily, capriciously and unreasonably discriminates against persons age 65 and older, and...

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