[Download] "Carter v. Williamson Eye Center" by State of Louisiana Court of Appeal First Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Carter v. Williamson Eye Center
• Author : State of Louisiana Court of Appeal First Circuit
• Release Date : January 27, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Claimant, Shirley Mae Carter, cut her finger while performing custodial duties for her employer, Williamson Eye Center. She ultimately filed a claim for workers compensation disability benefits urging that the trauma associated with this accident caused her to develop fibromyalgia, which has prevented her from performing her custodial duties. The OWC issued a January 29, 2001 ruling that addressed the primary issues raised by the parties and concluded that Carter failed to bear her burden of proof on the issues of disability and causation. This ruling, however, did not specifically order judgment in favor of or against anyone and did not specify the relief granted. Because the ruling had no such decretal language, we found it to be fatally defective. La. C.C.P. art. 1841; La. C.C.P. art.1918 and Official Revision Comment (a); La. C.C.P. Form 1271; Also see Rogers v. Custom Built Garage, 01- 0356 (La.App. 1st Cir.3/28/02), 814 So.2d 693, 696 and Scott v. State, 525 So.2d 689, 690-691 (La.App. 1st Cir.1988), writ denied, 558 So.2d 1128 (La.1990). Accordingly, this court issued an order dated August 12, 2002, that ordered: 1) the parties to present a reformed judgment containing appropriate decretal language to the OWC; and 2) Workers Compensation Judge Anthony P. Palermo to sign the judgment expeditiously and effect supplementation of the appellate record.

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