56 Louisiana opinions name it 2 courts 1970–2024 5 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.
| Case | Followed | Cited |
|---|---|---|
Berry v. Holston Well Service, Inc.red2 sentences2009In addition to these substantive changes in the statute, the legislature specifically noted its intention to legislatively overrule the statutory employer tests stated in the Louisiana Supreme Court decisions in Berry v. Holston Well Serv., Inc., 488 So.2d 934, 937 (La.1986) and Kirkland v. Riverwood Int’l USA, Inc., 95-1830, pp. 7-8 (La.9/13/96), 681 So.2d 329, 333 . 3 The Louisiana Supreme Court has not yet addressed the effect of the 1997 amendment on the statutory employer standard. 2009In addition to these substantive changes in the statute, the legislature specifically noted its intention to legislatively overrule the statutory employer tests stated in the Louisiana Supreme Court decisions in Berry v. Holston Well Serv., Inc., 488 So.2d 934, 937 (La.1986) and Kirkland v. Riverwood Int'l USA, Inc., 95-1830, pp. 7-8 (La.9/13/96), 681 So.2d 329, 333 . [3] The Louisiana Supreme Court has not yet addressed the effect of the 1997 amendment on the statutory employer standard. | 2 | 16 |
Allen v. EXHIBITION HALL AUTHORITYgreen2 sentences2015Ernest N. Morial-New Orleans Exhibition Hall Authority, 02-1072, pp. 5-6, (La.4/9/08), 842 So.2d 373, 377-78 (footnote omitted) (citations omitted), the supreme court explained the reason for the legislative creation of the statutory employer doctrine: Workers’ compensation legislation was enacted in the early decades of the twentieth century, not to abrogate existing tort remedies that afforded protection to workers, but to provide social insurance to compensate victims of industrial accidents because it was widely believed that the limited rights of recovery under tort law were inadequate to 2015Ernest N. Morial-New Orleans Exhibition Hall Authori ty, 02-1072, pp. 5-6 (La.4/9/03), 842 So.2d 373, 377-78 (footnote omitted) (citations omitted), the supreme court explained the reason for the legislative creation of the statutory employer doctrine: Workers’ compensation legislation was enacted in the early decades of the twentieth century, not to abrogate existing tort remedies that afforded protection to workers, but to provide social insurance to compensate victims of industrial accidents because it was widely believed that the limited rights of recovery under tort law were inadequate to | 2 | 6 |
Johnson v. Tennessee Gas Pipeline Co.green2 sentences2023See Johnson v. Tennessee Gas Pipeline Co., 99 F.Supp.2d 755 (E.D. 2007See Johnson v. Tennessee Gas Pipeline Co., 99 F.Supp.2d 755 (E.D.La.2000) (finding that contractor's work of performing catering services onboard an oil and gas compressor facility was integral and essential to the statutory employer's ability to operate its oil and gas compressor facility); Applegarth v. Transamerican Refining Corp., 00-1547 (La.App. 5 Cir. 2/28/01) ; 781 So.2d 804 , writ denied, 01-0834 (La.5/11/01); 792 So.2d 738 (La.2001) (upholding summary judgment where contractor performed construction at a refinery where the refinery was not engaged in providing construction services); | 2 | 2 |
Jackson v. St. Paul Ins. Co.green2 sentences2023App. 1 Cir. 12/17/04); 897 So.2d 684, 689 , the Louisiana First Circuit noted, after reviewing the history of the statutory employer doctrine, that the legislature has specifically rejected a restrictive analysis in favor of a more liberal interpretation of the words “integral” and “essential.” And, in recent years, Louisiana courts have frequently found that certain work which is ancillary to the statutory employer’s operations is nevertheless essential to the ability of the statutory employer’s operations. 2009Paul Insurance Company, 04-0026 (La.App. 1 Cir. 12/17/04) , 897 So.2d 684 , the first circuit noted, after reviewing the history of the statutory employer doctrine, that the legislature has “specifically rejected a restrictive analysis in favor of a more liberal interpretation of the words “integral” and “essential.” The Jackson court held that the plaintiff failed to rebut the presumption established by La. | 1 | 4 |
Lewis v. Exxon Corp.green2 sentences1996Co., 411 So.2d 26 (La.1982); Benson v. Seagraves, 436 So.2d 525 (La.1983); Lewis v. Exxon Corp., 441 So.2d 192 (La.1983); Rowe v. Northwestern Nat'l Ins. 1986Lewis v. Exxon, 441 So.2d at 197, 198 . | 1 | 2 |
Espadron v. Baker-Hughes, Inc.green1 sentence2024Espadron v. Baker-Hughes, Inc., 1997-1951, p. 6 (La.App. 4 Cir. 4/22/98), 714 So.2d 60, 63 (Finding “the employment relation and tort immunity [issues] were raised in the pleadings although the statutory employer defense (applicable under the Louisiana Worker’s Compensation statute), rather than the borrowed servant defense (applicable under the LHWCA), was specifically mentioned.”). | 1 | 1 |
Aswell v. United States Fidelity and Guaranty Co.green1 sentence2014See Aswell v. U.S. Fidelity & Guaranty Co., 244 So.2d 243 (La.App. 3 Cir.1971); IberiaBank v. Live Oak Circle Development, L.L.C., 12-1636 (La.App. 1 Cir. 5/13/13) , 118 So.3d 27 ; and see La. | 1 | 1 |
Thomas v. STATE, DEPT. OF TRANSP. & DEVELOPMENTgreen2 sentences2007In response to a tort action, Section 1061 encompasses two alternative threshold bases for the statutory employer defense: (1) contracting by a principal with another for the execution of work which is part of the principal's trade, business or occupation; or (2) contracting by a principal with another to perform all or any part of the work which the principal is contractually obligated to perform." Thomas v. State, Dept. of Transp. and Development, 27,203, p. 4 (La.App. 2 Cir. 10/12/95), 662 So.2d 788, 792 ( citing Freeman v. Moss Well Serv. 2007In response to a tort action, Section 1061 encompasses two alternative threshold bases for the statutory employer defense: (1) contracting by a principal with another for the execution of work which is part of the principal's trade, business or occupation; or (2) contracting by a principal with another to perform all or any part of the work which the principal is contractually obligated to perform." Thomas v. State, Dept. of Transp. and Development, 27,203, p. 4 (La.App. 2 Cir. 10/12/95), 662 So.2d 788, 792 ( citing Freeman v. Moss Well Serv. | 1 | 1 |
| Vermilion Corp. v. Vaughngreen | 1 | 1 |
| Adams v. Fidelity and Casualty Co. of New Yorkgreen | 1 | 1 |
| Broussard v. Heebe's Bakery, Inc.green | 1 | 1 |
| Gonzalez v. U.S. Postalgreen | 1 | 1 |
| Brock v. Chevron Chemical Co.green | 1 | 1 |
| Sider v. Robin Temporary Servicegreen | 1 | 1 |
| Danna v. Barq's, Inc.green | 1 | 1 |
| Chauvin v. Jefferson Parish School Bd.green | 1 | 1 |
| Thompson v. South Central Bell Telephone Co.green | 1 | 1 |
| Mathew v. Aetna Cas. and Sur. Co.green | 1 | 1 |
| Roberts v. Avondale Shipyards, Inc.green | 1 | 1 |
| Commissioner v. Estate of Churchgreen | 1 | 1 |
| Garvin v. Alumax Of South Carolinagreen | 1 | 1 |
| Eppinga v. Edgargreen | 1 | 1 |
| Oliver v. Wainwrightgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kirkland v. Riverwood Intern. USA, Inc.
green
2 sentences2009In addition to these substantive changes in the statute, the legislature specifically noted its intention to legislatively overrule the statutory employer tests stated in the Louisiana Supreme Court decisions in Berry v. Holston Well Serv., Inc., 488 So.2d 934, 937 (La.1986) and Kirkland v. Riverwood Int’l USA, Inc., 95-1830, pp. 7-8 (La.9/13/96), 681 So.2d 329, 333 . 3 The Louisiana Supreme Court has not yet addressed the effect of the 1997 amendment on the statutory employer standard. 2009R.S. 23:1032, the Louisiana Supreme Court in Berry began a discernable shift from a liberal to a more restrictive construction of the statutory employer defense See Everett, supra, 04-1988 at pp. 5-6, 938 So.2d at 1036 , and Kirkland, 681 So.2d at 334 . . | 5 | 2001–2009 |
Rowe v. Northwestern Nat. Ins. Co.
green
2 sentences1987Co., 471 So.2d 226 (La.1985) as evidence of a shift in "its interpretive analysis regarding the statutory employer defense from one which favored a liberal application of the doctrine to one which is more restrictive." 488 So.2d at 937 . 1987Co., 471 So.2d 226 (La.1985) as evidence of a shift in "its interpretive analysis regarding the statutory employer defense from one which favored a liberal application of the doctrine to one which is more restrictive." 488 So.2d at 937 . | 3 | 1986–1987 |
Ramos v. Tulane University of Louisiana
green
2 sentences2010Furthermore, in Ramos v. Tulane Univ. of La., XXXX-XXXX, p. 7 (La.App. 4 Cir. 1/31/07), 951 So.2d 1267 , this Court found that the statutory employer defense applied in a contract between Tulane University and Rocker Electric Company in which Tulane would be the statutory employer over all Rocker employees and all subsequent subcontractors' employees as well. 2010Furthermore, in Ramos v. Tulane Univ. of La., 2006-0487, p. 7 (La.App. 4 Cir. 1/31/07), 951 So.2d 1267 , this Court found that the statutory employer defense applied in a contract between Tulane University and Rocker Electric Company in which Tulane would be the statutory employer over all Rocker employees and all subsequent subcontractors’ employees as well. | 2 | 2009–2010 |
Weber v. State
green
2 sentences2009Weber, 635 So.2d at 193 . 2009Weber, 635 So.2d at 193 . | 2 | 2008–2009 |
Moore v. Crystal Oil Co.
green
2 sentences1995I would apply the "integral relation" test set forth in Moore v. Crystal Oil Company, 626 So.2d 792 (La.App.2d Cir.1993), writ granted and reversed on other grounds, 93-3103 (La. 2/25/94), 632 So.2d 758 , rehearing denied, 93-3103 (La. 3/25/94), 635 So.2d 229 . 1994In Moore v. Crystal Oil Company, 626 So.2d 792 (La.App. 2nd Cir. 1993), writ granted and judgment reversed, 93-3103 (La. 2/25/94); 632 So.2d 758 , decided after the judgment in the instant case, the Second Circuit Court of Appeal affirmed the judgment of the trial court which granted a motion for summary judgment in favor of defendants sustaining the statutory employer defense. | 2 | 1994–1995 |
Benoit v. Grey Wolf Drilling, Inc.
green
2 sentences1995In Benoit v. Grey Wolf Drilling, Inc., 520 So.2d at 1105 , the defendant failed to affirmatively plead the statutory employer defense in its answer. 1990Finally, appellants suggest that in Chauvin v. Gulf Coast Minerals, Inc., 509 So.2d 622 (La.App. 3rd Cir.), writ denied, 512 So.2d 1175 (La.1987), and Benoit v. Grey Wolf Drilling, Inc., et al, 520 So.2d 1104 (La.App. 3rd Cir.1987), writ denied, 522 So.2d 566 (La.1988), this court did not apply the "two-contract" statutory employer defense but rather applied the Berry analysis in rejecting the statutory employer defense. | 2 | 1990–1995 |
Moore v. Crystal Oil Co.
green
2 sentences1995I would apply the "integral relation" test set forth in Moore v. Crystal Oil Company, 626 So.2d 792 (La.App.2d Cir.1993), writ granted and reversed on other grounds, 93-3103 (La. 2/25/94), 632 So.2d 758 , rehearing denied, 93-3103 (La. 3/25/94), 635 So.2d 229 . 1994In Moore v. Crystal Oil Company, 626 So.2d 792 (La.App. 2nd Cir. 1993), writ granted and judgment reversed, 93-3103 (La. 2/25/94); 632 So.2d 758 , decided after the judgment in the instant case, the Second Circuit Court of Appeal affirmed the judgment of the trial court which granted a motion for summary judgment in favor of defendants sustaining the statutory employer defense. | 2 | 1994–1995 |
Olivier v. Poirier
green
2 sentences1993Bourgeois v. Puerto Rican Marine Management, Inc., 589 So.2d 1226 (La.App. 4th Cir.1991), writ denied, 592 So.2d 1299 (La. 1992) and 592 So.2d 1300 (La.1992); Griffis v. Gulf Coast Pre-Stress Company, Inc., 563 So.2d 1254 (La.App. 1st Cir.1990), writ denied, 568 So.2d 1054 (La.1990). 1991See Garvin v. Alumax, 787 F.2d 910 (4th Cir.1984), cert. denied 479 U.S. 914 , 107 S.Ct. 314 , 93 L.Ed.2d 288 (1986); Trussell v. Litton Systems, Inc., 753 F.2d 366 (5th Cir.1984); Griffis v. Gulf Coast Pre-Stress Co., 563 So.2d 1254 (La.App. 1st Cir.1990), writ denied 568 So.2d 1054 (La.1990); Lewis v. Modular Quarters, 508 So.2d 975 (La.App. 3d Cir.), writ denied 514 So.2d 127 (La. 1987), cert. denied 487 U.S. 1226 , 108 S.Ct. 2886 , 101 L.Ed.2d 920 (1988). | 2 | 1991–1993 |
Bourgeois v. Puerto Rican Marine Management, Inc.
green
2 sentences1993Bourgeois v. Puerto Rican Marine Management, Inc., 589 So.2d 1226 (La.App. 4th Cir.1991), writ denied, 592 So.2d 1299 (La. 1992) and 592 So.2d 1300 (La.1992); Griffis v. Gulf Coast Pre-Stress Company, Inc., 563 So.2d 1254 (La.App. 1st Cir.1990), writ denied, 568 So.2d 1054 (La.1990). 1992Id. | 2 | 1992–1993 |
Griffis v. Gulf Coast Pre-Stress Co., Inc.
green
2 sentences1993Bourgeois v. Puerto Rican Marine Management, Inc., 589 So.2d 1226 (La.App. 4th Cir.1991), writ denied, 592 So.2d 1299 (La. 1992) and 592 So.2d 1300 (La.1992); Griffis v. Gulf Coast Pre-Stress Company, Inc., 563 So.2d 1254 (La.App. 1st Cir.1990), writ denied, 568 So.2d 1054 (La.1990). 1991See Garvin v. Alumax, 787 F.2d 910 (4th Cir.1984), cert. denied 479 U.S. 914 , 107 S.Ct. 314 , 93 L.Ed.2d 288 (1986); Trussell v. Litton Systems, Inc., 753 F.2d 366 (5th Cir.1984); Griffis v. Gulf Coast Pre-Stress Co., 563 So.2d 1254 (La.App. 1st Cir.1990), writ denied 568 So.2d 1054 (La.1990); Lewis v. Modular Quarters, 508 So.2d 975 (La.App. 3d Cir.), writ denied 514 So.2d 127 (La. 1987), cert. denied 487 U.S. 1226 , 108 S.Ct. 2886 , 101 L.Ed.2d 920 (1988). | 2 | 1991–1993 |
Fountain v. Central Louisiana Elec. Co.
green
2 sentences1992In Fountain v. CLECO, 578 So.2d 236 (La.App. 3d Cir.1991), writ denied, 581 So.2d 707 (La.1991), we declined to apply the amendment overruling Berry retroactively. 1992In Fountain v. CLECO, 578 So.2d 236 (La.App. 3d Cir. 1991), writ denied, 581 So.2d 707 (La. 1991), we declined to apply the amendment overruling Berry retroactively. | 2 | 1992–1992 |
Fountain v. Central Louisiana Elec. Co., Inc.
green
2 sentences1992In Fountain v. CLECO, 578 So.2d 236 (La.App. 3d Cir.1991), writ denied, 581 So.2d 707 (La.1991), we declined to apply the amendment overruling Berry retroactively. 1992In Fountain v. CLECO, 578 So.2d 236 (La.App. 3d Cir. 1991), writ denied, 581 So.2d 707 (La. 1991), we declined to apply the amendment overruling Berry retroactively. | 2 | 1992–1992 |
Lewis v. Modular Quarters
green
2 sentences1991See Garvin v. Alumax, 787 F.2d 910 (4th Cir.1984), cert. denied 479 U.S. 914 , 107 S.Ct. 314 , 93 L.Ed.2d 288 (1986); Trussell v. Litton Systems, Inc., 753 F.2d 366 (5th Cir.1984); Griffis v. Gulf Coast Pre-Stress Co., 563 So.2d 1254 (La.App. 1st Cir.1990), writ denied 568 So.2d 1054 (La.1990); Lewis v. Modular Quarters, 508 So.2d 975 (La.App. 3d Cir.), writ denied 514 So.2d 127 (La. 1987), cert. denied 487 U.S. 1226 , 108 S.Ct. 2886 , 101 L.Ed.2d 920 (1988). 1989More recently, this court, in Lewis v. Modular Quarters, 508 So.2d 975 (La.App. 3rd Cir.1987) confronted the issue at hand and held that a defendant sued by a plaintiff receiving Longshoreman Compensation benefits is entitled to assert the statutory employer defense available under Louisiana Law since the accident occurred in a location where both the LHWCA and Louisiana Compensation Statute would apply. | 2 | 1989–1991 |
Mitchell v. Southern Scrap Recycling, LLC
green
1 sentence2022App. 1 Cir. 6/8/12), 93 So. 3d 754 , writ denied, 2012-1502 (La. 10/12/12), 99 So. 3d 47 . 10 Louisiana adopted a broad version of the statutory employer doctrine. | 1 | 2022–2022 |
Mitchell v. Southern Scrap Recycling, L.L.C.
neutral
1 sentence2022App. 1 Cir. 6/8/12), 93 So. 3d 754 , writ denied, 2012-1502 (La. 10/12/12), 99 So. 3d 47 . 10 Louisiana adopted a broad version of the statutory employer doctrine. | 1 | 2022–2022 |
Bryant v. Premium Food Concepts, Inc.
green
1 sentence2019App. 1 Cir. 4/ 26/ 17), 220 So. 3d 79, 82 , writ denied, 17- 0873 ( La. 9/ 29/ 17), 227 So. 3d The Louisiana Workers' Compensation Act contains a broad version of the statutory employer doctrine, which seeks to prevent employers from circumventing their liability for workers' compensation benefits by interjecting intermediary entities between themselves and their workers. | 1 | 2019–2019 |
Crochet v. Westminster City Center Prop.
green
1 sentence2015The conflict is best addressed in Crochet v. Westminster City Center Properties, 572 So.2d 720, 722-23 , overruled on other grounds by Allen v. State ex rel. | 1 | 2015–2015 |
IberiaBank v. Live Oak Circle Development, L.L.C.
green
1 sentence2014See Aswell v. U.S. Fidelity & Guaranty Co., 244 So.2d 243 (La.App. 3 Cir.1971); IberiaBank v. Live Oak Circle Development, L.L.C., 12-1636 (La.App. 1 Cir. 5/13/13) , 118 So.3d 27 ; and see La. | 1 | 2014–2014 |
Everett v. Rubicon, Inc.
green
2 sentences2009R.S. 23:1032, the Louisiana Supreme Court in Berry began a discernable shift from a liberal to a more restrictive construction of the statutory employer defense See Everett, supra, 04-1988 at pp. 5-6, 938 So.2d at 1036 , and Kirkland, 681 So.2d at 334 . . 2009R.S. 23:1032, the Louisiana Supreme Court in Berry began a discernable shift from a liberal to a more restrictive construction of the statutory employer defense See Everett, supra, 04-1988 at pp. 5-6, 938 So.2d at 1036 , and Kirkland, 681 So.2d at 334 . [4] See, e.g. | 1 | 2009–2009 |
Rainey v. ENTERGY GULF STATES, INC
green
1 sentence2008This court found merit in that assignment, reversed the trial court's judgment, and remanded the case to the trial court to "allow Entergy ... to amend its answer," "conduct a trial on the merits of the statutory employer issue only" and "render an appropriate judgment that decides the relevant issue or issues of the case." Rainey v. Entergy Gulf States, Inc., 01-2414 (La.App. 1st Cir.11/8/02), 840 So.2d 586, 591 . | 1 | 2008–2008 |
Applegarth v. Transamerican Refining Corporation
neutral
1 sentence2007See Johnson v. Tennessee Gas Pipeline Co., 99 F.Supp.2d 755 (E.D.La.2000) (finding that contractor's work of performing catering services onboard an oil and gas compressor facility was integral and essential to the statutory employer's ability to operate its oil and gas compressor facility); Applegarth v. Transamerican Refining Corp., 00-1547 (La.App. 5 Cir. 2/28/01) ; 781 So.2d 804 , writ denied, 01-0834 (La.5/11/01); 792 So.2d 738 (La.2001) (upholding summary judgment where contractor performed construction at a refinery where the refinery was not engaged in providing construction services); | 1 | 2007–2007 |
Applegarth v. Transamerican Refining Corp.
neutral
1 sentence2007See Johnson v. Tennessee Gas Pipeline Co., 99 F.Supp.2d 755 (E.D.La.2000) (finding that contractor's work of performing catering services onboard an oil and gas compressor facility was integral and essential to the statutory employer's ability to operate its oil and gas compressor facility); Applegarth v. Transamerican Refining Corp., 00-1547 (La.App. 5 Cir. 2/28/01) ; 781 So.2d 804 , writ denied, 01-0834 (La.5/11/01); 792 So.2d 738 (La.2001) (upholding summary judgment where contractor performed construction at a refinery where the refinery was not engaged in providing construction services); | 1 | 2007–2007 |
| Spitzfaden v. Dow Corning Corp. neutral | 1 | 2003–2003 |
| Boggs v. Blue Diamond Coal Company green | 1 | 2003–2003 |
| Jarreau v. City of Baton Rouge green | 1 | 2002–2002 |
| Black v. McDermott Intern. Inc. neutral | 1 | 2001–2001 |
| Sons v. Delaune green | 1 | 1999–1999 |
| Boswell v. Kurthwood Manor Nursing Home green | 1 | 1999–1999 |
| Davis v. Kreutzer green | 1 | 1999–1999 |
| Griffin v. Wal-Mart Stores, Inc. neutral | 1 | 1999–1999 |
| Carter v. Chevron Chemical Co. green | 1 | 1996–1996 |
| Thompson v. South Central Bell Tel. Co. green | 1 | 1996–1996 |
| Benson v. Seagraves green | 1 | 1996–1996 |
| Canter v. Koehring Company green | 1 | 1996–1996 |
| South Louisiana Bank v. Williams green | 1 | 1996–1996 |
| Burleigh v. South Louisiana Contractors green | 1 | 1996–1996 |
| Pierce v. Hobart Corporation green | 1 | 1996–1996 |
| Moore v. RLCC Technologies, Inc. green | 1 | 1996–1996 |
| Freeman v. Moss Well Service, Inc. green | 1 | 1995–1995 |
| Cavalier v. Cain's Hydrostatic Testing, Inc. green | 1 | 1995–1995 |
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.
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.