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← 981 So. 2d 75 - Mouton v. Walgreen Co.

981 So. 2d 75 - Mouton v. Walgreen Co.’s Empirical Analysis

2008

Citation profile

6
cited by 6 later decisions
1
states following
May 2018
most recently cited

6 state decisions

Relationships

Relies on 557 So. 2d 748 - Freeman v. Rew · 787 So. 2d 1149 - Romero v. Northrop-Grumman · 824 So. 2d 456 - Romagosa v. Lafayette City-Parish Consolidated Government · Alford v. Prudential Insurance Co. · 727 So. 2d 449 - Harrell v. McDonald

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In Wyble v. Acadiana Preparatory School, 07-91, p. 6 (La.App. 3 Cir. 5/2/07), 956 So.2d 722, 726 , writ denied, 07-1178 (La.9/14/07), 963 So.2d 1004 , this court explained that “[a] preexisting medical condition will not bar an employee from recovery if the employee establishes that the work-related accident aggravated, accelerated, or combined with the condition to cause the disability for which compensation is claimed.” “Aggravation of a preexisting injury may constitute a disabling injury when, for example, the plaintiff begins to | ¡¡suffer new symptoms after the second workplace accident.” Tate v. Cabot Corp., 01-1652, p. 6 (La.App. 3 Cir. 7/3/02), 824 So.2d 456, 461 , writ denied, 02-2150 (La.11/22/02), 829 So.2d 1044 . Whether a causal relationship exists between the disability and the employment is a question of fact that will not be reversed on appeal absent manifest error. Id.”
    1 later decision quote this exact passage
  2. “|s(a) Benefits under the Louisiana Workers’ Compensation Law. [[Image here]] (c) Benefits under disability benefit plans in the proportion funded by an employer. (d) Any other workers’ compensation benefits, then compensation benefits under this Chapter shall be reduced, unless there is an agreement to the contrary between the employee and the employer liable for payment of the workers’ compensation benefit, so that the aggregate remuneration from Subparagraphs (a) through (d) of this Paragraph shall not exceed sixty-six and two-thirds percent of his average weekly wage.”
    1 later decision quote this exact passage
  3. “To avoid the imposition of penalties and attorney fees, the employer must present sufficient factual and medical information to reasonably counter the evidence provided by the claimant. Humphrey v. Icee Distributors, 06-549 (La.App. 3 Cir. 11/29/06) , 944 So.2d 783 , writ denied, 07-7 (La.3/9/07), 949 So.2d 442 . An award of penalties and attorney fees will not be overturned on appeal absent manifest error. Frederick [v. Port Aggregates, Inc., 07-552 (La.App. 3 Cir. 10/31/07) ], 968 So.2d 1169 .”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.