Laumann v. Dulac Shipyard

4 Citing cases

  1. Lloyd v. Shady Lake Nursing Home, Inc.

    92 So. 3d 560 (La. Ct. App. 2012)   Cited 9 times
    In Lloyd, 92 So.3d 560, a widower and children brought a wrongful death action against the decedent wife's former employer, a nursing home.

    When a worker has some personal risk, such as would predispose him to suffer a heart attack or stroke, the employment must be clearly shown to have increased the risk of injury for it to be compensable. Id.;Laumann v. Dulac Shipyard, Inc., 95–2269 (La.App.1st Cir.6/28/96), 676 So.2d 823,writ denied,96–1986 (La.1/10/97), 685 So.2d 142. First, we must determine whether it has been shown by clear and convincing evidence that Caldwell's physical work stress was extraordinary and unusual in comparison to the stress or exertion experienced by the average CNA. It must be shown that Caldwell's physical work stress went beyond what was usual, customary or regular for the average employee in her occupation. Harold v. La Belle Maison Apartments, 94–0889 (La.10/17/94), 643 So.2d 752;Gooden, supra.

  2. Brown v. Imperial

    815 So. 2d 1084 (La. Ct. App. 2002)   Cited 4 times

    "The statutory requirement that the stress be extraordinary and unusual in comparison to the stress or exertion experienced by the average employee in the occupation relates to the work actually being performed at the time of the injury or death." Gooden v. BE K Construction, 33,457 p. 6 (La.App. 3 Cir. 6/23/00) 764 So.2d 1206, 1210 (citing Laumann v. Dulac Shipyard, Inc., 95-2269 (La.App. 1 Cir. 6/28/96), 676 So.2d 823, writ denied, 96-1986 (La. 1/10/97), 685 So.2d 142). In the instant case, there is nothing to indicate that the work that Mr. Brown was performing prior to his stroke was unusual or extraordinary.

  3. Sandidge v. Sandidge

    804 So. 2d 912 (La. Ct. App. 2001)   Cited 3 times

    The jurisprudence has recognized that strokes are ordinarily the result of natural physiological causes, instead of the result of trauma or particular work effort. Laumann v. Dulac Shipyard, Inc., 95-2269, p. 2 (La.App. 1st Cir. 6/28/96), 676 So.2d 823, 825, writ denied, 96-1986 (La. 1/10/97), 685 So.2d 142. This observation was made by the court when discussing the 1989 change to LSA-R.S. 23:1021 (7)(e), which addresses the "clear and convincing" burden of proof in perivascular injuries suffered during the course and scope of employment.

  4. Gooden v. B E K Constr.

    764 So. 2d 1206 (La. Ct. App. 2000)   Cited 9 times

    Thus, when the worker contributes some personal risk, the employment must be clearly shown to have increased the risk of injury before the employee can be compensated. Laumann v. Dulac Shipyard, Inc., 95-2269 (La.App. 1st Cir. 6/28/96), 676 So.2d 823, writ denied, 96-1986 (La. 1/10/97), 685 So.2d 142. The statutory requirement that the stress be extraordinary and unusual in comparison to the stress or exertion experienced by the average employee in the occupation relates to the work actually being performed at the time of the injury or death.