prerequisites presumption (Louisiana) · Go Syfert
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prerequisites presumption in Louisiana

10 Louisiana opinions name it 2 courts 1944–2021 1 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 (1)

CaseFollowedCited
Board of Supervisors of Louisiana State University v. Dixie Brewing Co.green
lactapp · 2014 · cited in 1 Louisiana opinions naming this issue, 2021–2021
1 sentence

2021App. 4 Cir. 11/ 19/ 14), 154 So. 3d 683, 692, fn 8 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Walton v. Normandy Village Homes Ass'n, Inc. green
la · 1985
2 sentences

1994Lubom, 579 So.2d at 1179 ; Dunn, 565 So.2d at 716 ; Walton, 475 So.2d at 325 .

1993Walton v. Normandy Village Homes Association, Inc., 475 So.2d at 325 .

41990–1994
Dunn v. Allen Pulpwood green
lactapp · 1990
2 sentences

1994Lubom, 579 So.2d at 1179 ; Dunn, 565 So.2d at 716 ; Walton, 475 So.2d at 325 .

1994Dunn v. Allen Pulpwood, 565 So.2d 516 (La.App. 2d Cir.1990).

31993–1994
Lubom v. LJ Earnest, Inc. green
lactapp · 1991
2 sentences

1994Lubom, 579 So.2d at 1179 ; Dunn, 565 So.2d at 716 ; Walton, 475 So.2d at 325 .

1994Earnest Inc., supra 579 So.2d at 1179 ; Andrews v. Music Mountain Water Co., supra 637 So.2d at 573 . 17Once a claimant establishes the prerequisites to apply the presumption of causal relationship, the employer has the burden of producing evidence to persuade the hearing officer it is more probable than not that the work injury of which the employee complains did not result from the accident.

21994–1994
Andrews v. Music Mountain Water Co. neutral
lactapp · 1994
1 sentence

1994Earnest Inc., supra 579 So.2d at 1179 ; Andrews v. Music Mountain Water Co., supra 637 So.2d at 573 . 17Once a claimant establishes the prerequisites to apply the presumption of causal relationship, the employer has the burden of producing evidence to persuade the hearing officer it is more probable than not that the work injury of which the employee complains did not result from the accident.

11994–1994
Fabre v. Travelers Insurance Company neutral
la · 1974
1 sentence

1975I am convinced that a surgical sponge left at the entrance to plaintiff-wife's vagina is not analogous to a surgical sponge inside a surgically closed incision as in the Wells v. Woman's Hospital Foundation, 286 So.2d 439 (La.App. 1 Cir. 1973); writ denied, La., 288 So.2d 646 , case.

11975–1975
Wells v. Woman's Hospital Foundation green
lactapp · 1974
1 sentence

1975I am convinced that a surgical sponge left at the entrance to plaintiff-wife's vagina is not analogous to a surgical sponge inside a surgically closed incision as in the Wells v. Woman's Hospital Foundation, 286 So.2d 439 (La.App. 1 Cir. 1973); writ denied, La., 288 So.2d 646 , case.

11975–1975
A. & J., Inc. v. Southern Cities Distributing Co. green
la · 1932
2 sentences

1944One of the prerequisites for applying the rule is that the instrumentality causing the damage be under the management or control of the alleged offender (A. & J., Inc., v. Southern Cities Distributing Co., 173 La. 1051 , 139 So. 477 ); the city, in this case, did not have the management and control' of plaintiff’s property or of the ditch that traversed it.

1944One of the prerequisites for applying the rule is that the instrumentality causing the damage be under the management or control of the alleged offender (A. & J., Inc., v. Southern Cities Distributing Co., 173 La. 1051 , 139 So. 477 ); the city, in this case, did not have the management and control' of plaintiff’s property or of the ditch that traversed it.

11944–1944

Statutes the citing opinions construe

LA § La. Rev. Stat. § 23:1021 (4)

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 10 (1944–2021) NY 9 (1980–2012) TN 9 (1969–2014) TX 8 (1992–2020) MS 5 (1990–2016) IL 4 (1981–1989) CA 4 (1978–2019) MA 4 (1986–2005) NJ 4 (1983–2017) GA 3 (1981–2012) MD 3 (1996–2011) OH 3 (2006–2020) IN 3 (1981–1983) FL 2 (1988–2024) OR 2 (1999–2008) AZ 2 (2008–2008)

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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