Jackson v. Family Dollar Stores of La. Inc.

2 Citing cases

  1. Safford v. New Orleans Fire Dep't

    384 So. 3d 909 (La. Ct. App. 2024)   Cited 7 times

    That is, if the employee meets his or her burden of proof, thereafter the burden shifts to the employer. Jackson v. Family Dollar Stores of La., Inc., 2017-0712, p. 12 (La. App. 4 Cir. 10/24/18), 258 So.3d 165, 176 (first citing Doane v. Omni Royal Orleans Hotel, 2016-0144, pp. 5-6 (La. App. 4 Cir. 10/26/16), 204 So.3d 615, 619; and then citing La. R.S. 23:1221(3)(c)(i)). To defeat the employee’s claim for supplemental earnings benefits, the employer must prove, by a preponderance of the evidence, that: "(1) the employee is physically able to perform a certain job; and (2) the jot) was 39offered to the employee or that the job was available to the employee in her or the employer’s community or reasonable geographic region." Id.

  2. Prevost v. City of New Orleans Fire Dep't

    No. 2024-CA-0114 (La. Ct. App. Oct. 1, 2024)

    This Court in Jackson v. Fam. Dollar Stores of Louisiana Inc., 2017-0712, pp. 16-17 (La.App. 4 Cir. 10/24/18), 258 So.3d 165, 177-78, summarized the law with respect to whether a claim is reasonably controverted, stating: