statutory employment claim (Louisiana) · Go Syfert
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statutory employment claim in Louisiana

10 Louisiana opinions name it 1 courts 1987–2022 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 (3)

CaseFollowedCited
Davis v. Material Delivery Service, Inc.green
lactapp · 1987 · cited in 4 Louisiana opinions naming this issue, 1991–1996
2 sentences

1996See Burleigh v. South Louisiana Contractors, Inc., 525 So.2d 87 (La.App. 3 Cir.1988); Davis v. Material Delivery Service, Inc., 506 So.2d 1243 (La.App. 1 Cir.1987).

1993Croy v. Bollinger Machine Shop and Shipyard, Inc., 578 So.2d at 948 ; Davis v. Material Delivery Service, Inc., 506 So.2d 1243, 1247 (La.App. 1st Cir.1987).

24
Berry v. Holston Well Service, Inc.red
la · 1986 · cited in 3 Louisiana opinions naming this issue, 1987–1992
2 sentences

1992The Louisiana Supreme Court, in the case of Berry v. Holston Well Service, Inc., 488 So.2d 934 , at page 938 (La.1986), discussed the statutory employment doctrine as it pertains to employees who are performing a job that is part of an employer's trade, business or occupation as follows: "The central question to be answered is whether the contract work is specialized or nonspecialized.

1990Whenever the statutory employment defense is raised, the method of analysis to be used in resolving the difficult question is the three-level analysis provided in Berry v. Holston Well Service, Inc., 488 So.2d 934 (La.1986).

13
Burleigh v. South Louisiana Contractorsgreen
lactapp · 1988 · cited in 1 Louisiana opinions naming this issue, 1996–1996
1 sentence

1996See Burleigh v. South Louisiana Contractors, Inc., 525 So.2d 87 (La.App. 3 Cir.1988); Davis v. Material Delivery Service, Inc., 506 So.2d 1243 (La.App. 1 Cir.1987).

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
Croy v. BOLLINGER MACH. SHOP & SHIPYARD green
lactapp · 1991
2 sentences

1995Duncan v. Balcor Property Management, Inc., 615 So.2d at 988 ; Croy v. Bollinger Machine Shop and Shipyard, Inc., 578 So.2d at 948 .

1993Croy v. Bollinger Machine Shop and Shipyard, Inc., 578 So.2d at 948 ; Davis v. Material Delivery Service, Inc., 506 So.2d 1243, 1247 (La.App. 1st Cir.1987).

31993–1995
Roberts v. Sewerage and Water Bd. green
la · 1994
2 sentences

2022Roberts v. Sewerage and Water Board of New Orleans, 92-2048 (La. 3/21/94), 634 So. 2d 341, 345 , citing Boggs v. Blue Diamond Coal Co., 590 F. 2d 655 (6th Cir. 1979). 9 The legislation reflects a compromise between the competing interests of employers and employees: the employer gives up the defense it would otherwise enjoy in cases where it is not at fault, while the employee surrenders his or her right to full damages, accepting instead a more modest claim for essentials, payable regardless of fault and with a minimum of delay.

1995Stelly, supra, citing Roberts v. Sewerage & Water Board of New Orleans, 92-2048 (La. 03/21/94), 634 So.2d 341, 346 .

21995–2022
Boggs v. Blue Diamond Coal Co. green
ca6 · 1979
1 sentence

2022Roberts v. Sewerage and Water Board of New Orleans, 92-2048 (La. 3/21/94), 634 So. 2d 341, 345 , citing Boggs v. Blue Diamond Coal Co., 590 F. 2d 655 (6th Cir. 1979). 9 The legislation reflects a compromise between the competing interests of employers and employees: the employer gives up the defense it would otherwise enjoy in cases where it is not at fault, while the employee surrenders his or her right to full damages, accepting instead a more modest claim for essentials, payable regardless of fault and with a minimum of delay.

12022–2022
Stelly v. Overhead Door Co. of BR green
la · 1994
1 sentence

1995No other evidence relevant to the statutory employment inquiry was offered. *794 In Stelly v. Overhead Door Company of Baton Rouge, 94-0569 (La. 12/08/94), 646 So.2d 905 , the supreme court recounted the basic principles for interpreting the coverage and immunity provisions of the workers' compensation act: In light of this basic history and policy, we agree with the foregoing authorities that every presumption should be on the side of preserving the general tort or delictual rights of an injured worker against the actual wrongdoer, in the absence of explicitly statutory language limiting or e

11995–1995
Duncan v. Balcor Property Management, Inc. green
lactapp · 1993
1 sentence

1995Duncan v. Balcor Property Management, Inc., 615 So.2d at 988 ; Croy v. Bollinger Machine Shop and Shipyard, Inc., 578 So.2d at 948 .

11995–1995
Short v. Mobil Oil Corp. green
lactapp · 1989
1 sentence

1991Plaintiff also argues B & G is not entitled to summary judgment because it failed to establish that the subcontract between B & G and Port City was executed prior to the sub-subcontract between B & G and Corbesco, Inc. Plaintiff cites Short v. Mobil Oil Corp., 544 So.2d 572 (La.App. 1st Cir.1989) and Davis v. Material Delivery Service, Inc., 506 So.2d 1243 (La.App. 1st Cir.1987), neither of which involved a construction project, for the proposition that the principal must prove that he entered into the general contract before he entered into the subcontract with plaintiff's employer.

11991–1991
Lewis v. Exxon Corp. green
la · 1983
1 sentence

1987See Berry, 488 So.2d at 937 ; Lewis v. Exxon Corp., 441 So.2d 192 .

11987–1987

Statutes the citing opinions construe

LA § La. Rev. Stat. § 23:1032 (9) LA § La. Rev. Stat. § 23:1061 (9)

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 (1987–2022) OH 4 (1993–2022) SC 4 (2003–2026) MO 3 (2006–2015) NM 2 (2007–2008)

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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