Brown v. Avondale Industries, Inc.
This text of 617 So. 2d 482 (Brown v. Avondale Industries, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Thomas P. BROWN, et al.
v.
AVONDALE INDUSTRIES, INC.
Supreme Court of Louisiana.
PER CURIAM.
The injured employee received worker's compensation benefits under 33 U.S.C. § 905(a), the Longshore and Harbor Workers' Compensation Act, during the time of concurrent jurisdiction with the Louisiana Worker's Compensation Act. Because the employee elected benefits under the federal Act, the state Act was not implicated. Defendant, even if it would be a statutory employer under the state Act, cannot claim the tort immunity provided to principals by that Act, because the conflicting provisions of the federal Act selected by the employee control.
Accordingly, the judgments of the lower courts are reversed, the motion for summary judgment is denied, and the case is remanded to the district court for further proceedings.
WATSON, J., not on panel.
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Cite This Page — Counsel Stack
617 So. 2d 482, 1993 La. LEXIS 1504, 1993 WL 130276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-avondale-industries-inc-la-1993.