The Louisiana Worker's Compensation Act as it existed at the time of plaintiff's injuries is controlling. Dragon v. Orleans Parish School Board, 347 So.2d 306 (La.App. 4th Cir. 1977). Prior to 1983, Louisiana Revised Statute, Title 23 Section 1221 read, in pertinent part:
The Louisiana Worker's Compensation Act as it existed at the time of plaintiff's injuries is controlling. Dragon v. Orleans Parish School Board, 347 So.2d 306 (La.App., 4th Cir., 1977) See: Walker v. Johns Manville, 311 So.2d 506 (La.App., 4th Cir., 1975); Kelly v. International Union, 386 So.2d 1060 (La.App., 3rd Cir. 1980). Prior to 1983, Louisiana Revised Statute Title 23 Section 1221 read, in pertinent part:
While petitioner has the burden of showing by a preponderance of the evidence that the accident and disability were work connected, Guillory v. New Amsterdam Casualty Co., 244 La. 225, 152 So.2d 1 (1963), the testimony of an employee alone may establish a work-related disabling accident where such testimony is corroborated by other credible evidence. Wright v. Red Ball Motor Freight, Inc., 315 So.2d 344 (La.App. 1st, 1975); Dragon v. Orleans Parish School Board, 347 So.2d 306, (La.App. 4th, 1977). In the instant case, I find that plaintiff's testimony is clearly corroborated by other credible testimony, most significant being the testimony of David Weaver and Bobby Hubbard, who place Mr. Chrisham on top of the scaffolding seconds before the fall.
However, the testimony of an employee alone may establish a work-related disabling accident where such testimony is corroborated by other credible evidence. Wright v. Red Ball Motor Freight, Inc., 315 So.2d 344 (La.App. 1st, 1975); Dragon v. Orleans Parish School Board, 347 So.2d 306 (La.App. 4th, 1977). We find that there is sufficient evidence in the record to support the conclusion of the trial judge.
However, we order the judgment amended in accordance with this view. The Board of Commissioners further contends that the trial court was in error in awarding court costs against it. LRS 13:4521, Dragon v. Orleans Parish School Board, 347 So.2d 306 (La.App. 4th Cir. 1977); Jenkins v. Orleans Parish School Board, 310 So.2d 831 (La. 1975). The judgment should be amended in accordance with LRS 13:4521.
La.R.S. 13:4521 exempts political subdivisions from paying court costs, except stenographer's fees. Although the courts make an exception and require the Highway Department to pay expert witness fees as costs in expropriation cases, this exception has not been extended to damage suits of this type where there has been no "taking". State, through the Department of Highways v. Reimers, 249 La. 1043, 192 So.2d 558 (1966); Dragon v. Orleans Parish School Board, 347 So.2d 306 (La.App. 4th Cir. 1977); McCallum v. State, Department of Highways, 246 So.2d 46 (La.App. 3rd Cir. 1971). It is hereby Ordered that the case be remanded to the trial court for the limited purpose of allowing the defendant to have two new expert appraisers inspect the property and to give testimony, and for the taking of any proper rebuttal testimony.