Opinion
No. 91-CA-420.
June 23, 1992. Rehearing Denied September 17, 1992.
Appeal from the Twenty-Fourth Judicial District Court Parish of Jefferson; Clarence E. McManus, Judge.
William R. Mustian, III, Stanga Mustian, P.L.C., Metairie, for plaintiff-appellant.
George J. Richaud, Young, Richaud, Theard Myers, New Orleans, for defendants-appellees.
Before KLIEBERT, C.J., and GAUDIN and DUFRESNE, Jr., JJ.
ON REMAND FROM THE SUPREME COURT
This matter comes before us on remand from the Supreme Court wherein our opinion was vacated and set aside because "[i]t appears that the remand ordered by the court of appeal would result in a reduction of plaintiff's award. This would be improper. Defendants did not appeal or answer the appeal . . ."
LeBlanc v. Modern Flooring, Inc., et al., 596 So.2d 543 (La. 1992).
Since a computation made as directed by our opinion, 591 So.2d 1240, would result in a reduction of benefits to plaintiff and the judgment is definitive against defendants, a remand would serve no purpose. Thus, the award for past due supplemental earnings benefits of $12,781.71 and the finding that plaintiff's average monthly wage at the time of the accident was $1,105.44 are affirmed. The denial of plaintiff's request for penalties and attorneys fees is also affirmed.
AFFIRMED.
ON REHEARING
While considering the rehearing request, we noted a typographical error in our opinion dated June 23, 1992, in affirming the trial court's award to plaintiff of past due supplemental earnings benefits of $12,781.71 rather than the correct amount of $2,781.71. Hence, our opinion is corrected to read $2,781.71 The application for rehearing is denied.