SEB claim in Louisiana

15 Louisiana opinions name it 2 courts 1992–2014 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Pinkins v. Cardinal Wholesale Supply, Inc.green la · 1993 · cited in 2 Louisiana opinions naming this issue, 1998–2006 2 sentences 2006Supplemental Earnings Benefits In Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, pp. 8-9 (La.7/1/97), 696 So.2d 551, 556 , the supreme court discussed the purpose of SEB and set forth each party's burden of proof in an SEB claim as follows: "The purpose of SEBs is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident." Pinkins v. Cardinal Wholesale Supply, Inc., 619 So.2d 52, 55 (La.1993). 2006Supplemental Earnings Benefits In Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, pp. 8-9 (La.7/1/97), 696 So.2d 551, 556 , the supreme court discussed the purpose of SEB and set forth each party's burden of proof in an SEB claim as follows: "The purpose of SEBs is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident." Pinkins v. Cardinal Wholesale Supply, Inc., 619 So.2d 52, 55 (La.1993).	2	2
Rich v. Geosource Wireline Services, Inc.green lactapp · 1986 · cited in 1 Louisiana opinions naming this issue, 2003–2003 2 sentences 2003Rich v. Geosource Wireline Servs., Inc., 490 So.2d 1165, 1170 (La.App. 3d Cir.1986). [13] For these reasons, we reject defendants' contention that § 1221(3)(d)(i) provides a two-year peremptive period for filing an SEB claim. 2003Rich v. Geosource Wireline Servs., Inc., 490 So.2d 1165, 1170 (La.App. 3d Cir.1986). [13] For these reasons, we reject defendants' contention that § 1221(3)(d)(i) provides a two-year peremptive period for filing an SEB claim.	1	1
Dupree v. Ace Home & Autogreen lactapp · 1996 · cited in 1 Louisiana opinions naming this issue, 1998–1998 2 sentences 1998See also Dupree v. Ace Home & Auto, 96-745 (La.App. 3 Cir. 12/26/96) ; 685 So.2d 683 , writ denied, 769 97-0283 (La.3/27/97); 692 So.2d 393 , where we held that a similar error warranted a de novo review of the record. 1998See also Dupree v. Ace Home & Auto, 96-745 (La.App. 3 Cir. 12/26/96) ; 685 So.2d 683 , writ denied, 769 97-0283 (La.3/27/97); 692 So.2d 393 , where we held that a similar error warranted a de novo review of the record.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Banks v. Indus. Roofing & Sheet Metal green la · 1997 2 sentences 2008Entitlement to SEB On appeal, Mr. Terral asserts that he "carried his burden of proving disability and resultant inability to earn at least [ninety percent] of his pre-injury wages." He concludes, therefore, that in order to defeat his SEB claim, Justiss Oil was required to "prove that the employee is physically able to perform a certain job and that the job was offered or available to the employee in his community or reasonable geographic region" in accordance with Daigle v. Sherwin-Williams Co., 545 So.2d 1005 (La.1989), and Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La. 2006Supplemental Earnings Benefits In Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, pp. 8-9 (La.7/1/97), 696 So.2d 551, 556 , the supreme court discussed the purpose of SEB and set forth each party's burden of proof in an SEB claim as follows: "The purpose of SEBs is to compensate the injured employee for the wage earning capacity he has lost as a result of his accident." Pinkins v. Cardinal Wholesale Supply, Inc., 619 So.2d 52, 55 (La.1993).	8	1998–2010
Town of Basile v. Clark green lactapp · 2000 2 sentences 2010Town of Basile v. Clark, 99-1261 (La.App. 3 Cir. 5/31/00) , 769 So.2d 591, 595 , writ denied, 00-2002 (La.10/27/00), 772 So.2d 124 (citation omitted). 2010Town of Basile v. Clark, 99-1261 (La.App. 3 Cir. 5/31/00) , 769 So.2d 591, 595 , writ denied, 00-2002 (La.10/27/00), 772 So.2d 124 (citation omitted).	2	2001–2010
CITY OF JEANERETTE v. Clay neutral la · 2000 2 sentences 2010Town of Basile v. Clark, 99-1261 (La.App. 3 Cir. 5/31/00) , 769 So.2d 591, 595 , writ denied, 00-2002 (La.10/27/00), 772 So.2d 124 (citation omitted). 2010Town of Basile v. Clark, 99-1261 (La.App. 3 Cir. 5/31/00) , 769 So.2d 591, 595 , writ denied, 00-2002 (La.10/27/00), 772 So.2d 124 (citation omitted).	2	2001–2010
Connor v. Family Dollar Store green lactapp · 2010 2 sentences 2014Connor v. Family Dollar Store, 09-1537, pp. 7-8 (La.App. 1 Cir. 3/26/10), 36 So.3d 339, 346 , writ denied, 10-0959 (La.6/25/10), 38 So.3d 344 . 2014Connor v. Family Dollar Store, 09-1537, pp. 7-8 (La.App. 1 Cir. 3/26/10), 36 So.3d 339, 346 , writ denied, 10-0959 (La.6/25/10), 38 So.3d 344 .	1	2014–2014
In Re Disciplinary Board No. 2008-Admin-1360 green la · 2010 2 sentences 2014Connor v. Family Dollar Store, 09-1537, pp. 7-8 (La.App. 1 Cir. 3/26/10), 36 So.3d 339, 346 , writ denied, 10-0959 (La.6/25/10), 38 So.3d 344 . 2014Connor v. Family Dollar Store, 09-1537, pp. 7-8 (La.App. 1 Cir. 3/26/10), 36 So.3d 339, 346 , writ denied, 10-0959 (La.6/25/10), 38 So.3d 344 .	1	2014–2014
Hall v. Macpapers, Inc. green lactapp · 2012 1 sentence 2013Hall v. MacPapers, Inc., 11-1548 (LaApp. 4 Cir. 5/30/12), 95 So.3d 1131 .	1	2013–2013
Daigle v. Sherwin-Williams Co. green la · 1989 1 sentence 2008Entitlement to SEB On appeal, Mr. Terral asserts that he "carried his burden of proving disability and resultant inability to earn at least [ninety percent] of his pre-injury wages." He concludes, therefore, that in order to defeat his SEB claim, Justiss Oil was required to "prove that the employee is physically able to perform a certain job and that the job was offered or available to the employee in his community or reasonable geographic region" in accordance with Daigle v. Sherwin-Williams Co., 545 So.2d 1005 (La.1989), and Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.	1	2008–2008
Taylor v. Columbian Chemicals green lactapp · 1999 2 sentences 2007Banks v. Industrial Roofing & Sheet Metal, supra; Taylor v. Columbian Chemicals, 32,411 (La.App. 2 Cir. 10/27/99), 744 So.2d 704 . 2007Banks v. Industrial Roofing & Sheet Metal, supra; Taylor v. Columbian Chemicals, 32,411 (La.App. 2 Cir. 10/27/99), 744 So.2d 704 .	1	2007–2007
Benoit v. Frank's Casing Crew neutral lactapp · 1998 2 sentences 2000Benoit v. Frank's Casing Crew, 97-1522 (La.App. 3 Cir. 5/20/98) ; 713 So.2d 762 , writ denied, 98-1697 (La.10/9/98); 726 So.2d 31 . 596 In the instant case, the rate of SEB is determined by the employer [Basile] proving an available job. 2000Benoit v. Frank's Casing Crew, 97-1522 (La.App. 3 Cir. 5/20/98) ; 713 So.2d 762 , writ denied, 98-1697 (La.10/9/98); 726 So.2d 31 . 596 In the instant case, the rate of SEB is determined by the employer [Basile] proving an available job.	1	2000–2000
Clark v. Baird neutral la · 1998 1 sentence 2000Benoit v. Frank's Casing Crew, 97-1522 (La.App. 3 Cir. 5/20/98) ; 713 So.2d 762 , writ denied, 98-1697 (La.10/9/98); 726 So.2d 31 . *596 In the instant case, the rate of SEB is determined by the employer [Basile] proving an available job.	1	2000–2000
Gilley v. Reeves Deli Mart neutral lactapp · 1998 2 sentences 1999Banks v. Industrial Roofing & Sheet Metal Inc., 96-2840 (La.7/1/97), 696 So.2d 551 ; Gilley v. Reeves Deli Mart, 30,355 (La.App. 2 Cir. 4/8/98), 711 So.2d 328 . 1999Banks v. Industrial Roofing & Sheet Metal Inc., 96-2840 (La.7/1/97), 696 So.2d 551 ; Gilley v. Reeves Deli Mart, 30,355 (La.App. 2 Cir. 4/8/98), 711 So.2d 328 .	1	1999–1999
TEXACO INC. v. Foreman neutral lactapp · 1997 1 sentence 1998(Emphasis added.) In finding that Benoit failed to prove that he was unable to earn ninety percent of his pre-injury wages, the workers' compensation judge cited Texaco, Inc. v. Foreman, 96-1434 (La.App. 3 Cir. 4/2/97) ; 692 So.2d 684 , writ denied, 97-1617 (La.10/3/97); 701 So.2d 206 , stating that "the claimant's subjective belief that he could not work would not satisfy the clear and convincing standard required to receive supplemental earnings benefits. " (Emphasis added.) However, as shown in Banks , the claimant's burden at this step in the SEB analysis is proof by a preponderance of the	1	1998–1998
Dupree v. Ace Home & Auto neutral la · 1997 1 sentence 1998See also Dupree v. Ace Home & Auto, 96-745 (La.App. 3 Cir. 12/26/96) ; 685 So.2d 683 , writ denied, *769 97-0283 (La.3/27/97); 692 So.2d 393 , where we held that a similar error warranted a de novo review of the record.	1	1998–1998
Foreman v. TEXACO INC. neutral la · 1997 1 sentence 1998(Emphasis added.) In finding that Benoit failed to prove that he was unable to earn ninety percent of his pre-injury wages, the workers' compensation judge cited Texaco, Inc. v. Foreman, 96-1434 (La.App. 3 Cir. 4/2/97) ; 692 So.2d 684 , writ denied, 97-1617 (La.10/3/97); 701 So.2d 206 , stating that "the claimant's subjective belief that he could not work would not satisfy the clear and convincing standard required to receive supplemental earnings benefits. " (Emphasis added.) However, as shown in Banks , the claimant's burden at this step in the SEB analysis is proof by a preponderance of the	1	1998–1998
Schultz v. Katz and Besthoff, Inc. green lactapp · 1986 1 sentence 1992See and compare LRS 23:1310.8, former § 1331, Schultz v. Katz and Besthoff, Inc., 499 So.2d 1243 (La.App. 4th Cir.1986), writ denied, and Disotell v. Wadsworth Golf Const. Co., 500 So.2d 371 (La.1987).	1	1992–1992
Disotell v. Wadsworth Golf Const. Co. green la · 1987 1 sentence 1992See and compare LRS 23:1310.8, former § 1331, Schultz v. Katz and Besthoff, Inc., 499 So.2d 1243 (La.App. 4th Cir.1986), writ denied, and Disotell v. Wadsworth Golf Const. Co., 500 So.2d 371 (La.1987).	1	1992–1992

Statutes the citing opinions construe

LA § La. Rev. Stat. § 23:1221 (14) LA § La. Rev. Stat. § 23:1141 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 15 (1992–2014) UT 2 (2018–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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