Smith v. Kinder

4 Citing cases

  1. Noe v. Basile Police Dep't

    103 So. 3d 689 (La. Ct. App. 2012)   Cited 1 times

    states: See, e.g., Smith v. Kinder Ret. & Rehab. Ctr., 06–1480 (La.App. 3 Cir. 4/4/07), 954 So.2d 365. (e) Heart-related or perivascular injuries.

  2. Noe v. Basile Police Dep't

    No. 12-333 (La. Ct. App. Nov. 7, 2012)

    That statute, which is currently renumbered as La.R.S. 23:1021(8)(e), states: See, e.g., Smith v. Kinder Ret. & Rehab. Ctr., 06-1480 (La.App. 3 Cir. 4/4/07), 954 So.2d 365. (e) Heart-related or perivascular injuries.

  3. 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.

    The existence of a preexisting heart condition or risk factor alone will not prevent a heart-related or perivascular injury or death from being compensable under workers' compensation. Harold, supra;Smith v. Kinder Retirement and Rehabilitation Center, 2006–1480 (La.App.3d Cir.4/4/07), 954 So.2d 365. The pertinent witness offered by Shady Lake on this issue was Dr. Steven Hayne, who was accepted as an expert in forensic pathology.

  4. Trahan v. Crowley

    967 So. 2d 557 (La. Ct. App. 2007)   Cited 22 times

    In order to reasonably controvert a claim, the employer must have some valid reason or evidence upon which to base its denial of benefits. Brown v. Texas-LA Cartage, Inc., 98-1063 (La. 12/1/98), 721 So.2d 885; Smith v. Kinder Ret. Rehab. Ctr., 06-1480 (La.App. 3 Cir. 4/4/07), 954 So.2d 365. Calculation of AWW