Cousins v. City of New Orleans

Supreme Court of Louisiana

Cousins v. City of New Orleans

584 So. 2d 1145, 1991 La. LEXIS 2371, 1991 WL 185525

CourtSupreme Court of Louisiana

DecidedSeptember 20, 1991

DocketNo. 91-C-1409

StatusPublished

Cited by3 cases

This text of 584 So. 2d 1145 (Cousins v. City of New Orleans) 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.

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Cousins v. City of New Orleans, 584 So. 2d 1145, 1991 La. LEXIS 2371, 1991 WL 185525 (La. 1991).

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Opinion

In re New Orleans City of; Barthelemy, Sidney Mayor; New Orleans City Coun[1146]*1146cil; — Defendants); applying for writ of cer-tiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 90CA-1110; Parish of Orleans, Civil District Court, Div. “K”, No. 85-9819.

Prior report: La.App., 580 So.2d 536.

Writ granted and case remanded to the court of appeal to decide the issue of whether the plaintiff is receiving disability plan benefits which serve to reduce worker’s compensation benefits under LSA-R.S. 23:1225(C)(1) or retirement benefits which do not reduce compensation benefits. If it is determined that plaintiff is receiving disability plan benefits, then the case should be remanded to the district court for additional evidence and a decision on the proportion of the pension and relief plan funded by the City, and a determination of the worker’s compensation benefits, if any, payable to plaintiff.

CALOGERO, C.J., dissents.

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In re New Orleans City of; Barthelemy, Sidney Mayor; New Orleans City Coun[1146]*1146cil; — Defendants); applying for writ of cer-tiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 90CA-1110; Parish of Orleans, Civil District Court, Div. “K”, No. 85-9819.

Prior report: La.App., 580 So.2d 536.

Writ granted and case remanded to the court of appeal to decide the issue of whether the plaintiff is receiving disability plan benefits which serve to reduce worker’s compensation benefits under LSA-R.S. 23:1225(C)(1) or retirement benefits which do not reduce compensation benefits. If it is determined that plaintiff is receiving disability plan benefits, then the case should be remanded to the district court for additional evidence and a decision on the proportion of the pension and relief plan funded by the City, and a determination of the worker’s compensation benefits, if any, payable to plaintiff.

CALOGERO, C.J., dissents.

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584 So. 2d 1145, 1991 La. LEXIS 2371, 1991 WL 185525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cousins-v-city-of-new-orleans-la-1991.

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