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534 So. 2d 986

Seaberry v. Smith

Louisiana Court of Appeal

Decided November 16, 1988

Louisiana Court of Appeal · decided 1988-11-16

Cited by 2 later decisions — most recently November 1992

2 state decisions

Relies on 514 So. 2d 7 - Brooks v. Chicola · State v. Thompson

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-16

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¶1ON REMAND FROM THE LOUISIANA SUPREME COURT

GOTHARD, Judge.

¶2The Louisiana Supreme Court, 532 So.2d 107, has remanded this case to us for reconsideration of the award to the inter-*987venor-workers’ compensation insurer in accordance with the majority view in Brooks v. Chicola, 514 So.2d 7 (La.1987) and to treat plaintiffs claim for past medical expenses.

¶3With regard to the past medical expenses, we award $15,745.29 (less 50 percent, i.e., plaintiff’s percentage of comparative fault) to plaintiff, which is the amount the parties stipulated into the record.

¶4With regard to the intervenor’s award, its reimbursement for medical expenses and weekly compensation benefits paid to plaintiff is limited to plaintiff’s damage award for past medicals and lost wages, respectively.

¶5JUDGMENT RENDERED.

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