employer to prove defense (Louisiana) · Go Syfert
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employer to prove defense in Louisiana

6 Louisiana opinions name it 1 courts 1957–2004 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Louisiana.

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 (5)

CaseCitedYears
Edwards v. Shreveport Creosoting Co. green
la · 1945
2 sentences

1957The burden is upon the employer to prove the defense that the employee's willful failure to cooperate with medical treatment, or his willful misconduct, is the cause of the continued disability, Edwards v. Shreveport Creosoting Co., 207 La. 699 , 21 So.2d 878 , and the proof to sustain this defense must be "clear, convincing and conclusive," Williams v. Texsun Supply Corporation, La.App. 1 Cir., 47 So.2d 93 99 .

1957The burden is upon the employer to prove the defense that the employee's willful failure to cooperate with medical treatment, or his willful misconduct, is the cause of the continued disability, Edwards v. Shreveport Creosoting Co., 207 La. 699 , 21 So.2d 878 , and the proof to sustain this defense must be "clear, convincing and conclusive," Williams v. Texsun Supply Corporation, La.App. 1 Cir., 47 So.2d 93 99 .

41957–1973
Williams v. Texsun Supply Corp. neutral
lactapp · 1950
2 sentences

1973Edwards v. Shreveport Creosoting Co., 207 La. 699 , 21 So.2d 878 , Guillory v. Reimers-Schneider Co., La.App. 1 Cir., 94 So.2d 134 , Williams v. Texsun Supply Corp., La.App. 1 Cir., 47 So.2d 93 . * * *' Thomas v. Crown-Zellerbach Corporation, La.App. 1 Cir., 101 So.2d 478, 480 .

1957The burden is upon the employer to prove the defense that the employee's willful failure to cooperate with medical treatment, or his willful misconduct, is the cause of the continued disability, Edwards v. Shreveport Creosoting Co., 207 La. 699 , 21 So.2d 878 , and the proof to sustain this defense must be "clear, convincing and conclusive," Williams v. Texsun Supply Corporation, La.App. 1 Cir., 47 So.2d 93 99 .

31957–1973
Guillory v. Reimers-Schneider Company green
lactapp · 1957
2 sentences

1973Edwards v. Shreveport Creosoting Co., 207 La. 699 , 21 So.2d 878 , Guillory v. Reimers-Schneider Co., La.App. 1 Cir., 94 So.2d 134 , Williams v. Texsun Supply Corp., La.App. 1 Cir., 47 So.2d 93 . * * *' Thomas v. Crown-Zellerbach Corporation, La.App. 1 Cir., 101 So.2d 478, 480 .

1964Edwards v. Shreveport Creosoting Co., 207 La. 699 , 21 So.2d 878 , Guillory v. Reimers-Schneider Co., La.App. 1 Cir., 94 So.2d 134 , Williams v. Texsun Supply Corp., La.

31958–1973
Thomas v. Crown-Zellerbach Corporation neutral
lactapp · 1958
2 sentences

1973Edwards v. Shreveport Creosoting Co., 207 La. 699 , 21 So.2d 878 , Guillory v. Reimers-Schneider Co., La.App. 1 Cir., 94 So.2d 134 , Williams v. Texsun Supply Corp., La.App. 1 Cir., 47 So.2d 93 . * * *' Thomas v. Crown-Zellerbach Corporation, La.App. 1 Cir., 101 So.2d 478, 480 .

1971However, in Thomas v. Crown-Zellerbach Corporation, 101 So.2d 478 (La.App. 1 Cir. 1958), we said: “The burden is upon the employer to prove the defense that the employee’s willful failure to co-operate with medical treatment, or his willful misconduct, is the cause of the continued disability, and the proof to sustain this defense must be clear, convincing, and conclusive.” After reviewing the record, we cannot conclude that the trial judge was manifestly erroneous in rejecting the defense.

21971–1973
Blanchard v. Delta Marine Engineering, Inc. green
lactapp · 1971
1 sentence

2004However, the court also stated that, “The burden is upon the employer to prove the defense that the employee’s willful failure to cooperate with medical treatment, or his willful misconduct, is the cause of the continued disability, and the proof to sustain this defense must be clear, convincing, and conclusive.” Blanchard, 252 So.2d at 697 .

12004–2004

Where else courts name it

MO 25 (1999–2022) PA 10 (1979–2021) LA 6 (1957–2004) MS 3 (1959–2000)

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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