Deese v. Brown

Louisiana Court of Appeal

Deese v. Brown

161 So. 2d 108, 1964 La. App. LEXIS 1348

CourtLouisiana Court of Appeal

DecidedFebruary 13, 1964

DocketNo. 10127

StatusPublished

Cited by1 cases

This text of 161 So. 2d 108 (Deese v. Brown) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Deese v. Brown, 161 So. 2d 108, 1964 La. App. LEXIS 1348 (La. Ct. App. 1964).

Pincite

Opinion

HARDY, Judge.

This is a suit for unemployment benefits, and defendant-employer appeals from judgment on judicial review in favor of claimant.

The case involves the usual questions, first, as to whether the evidence was sufficient to support the finding of the Administrative Tribunals, and, second, whether the actions of the claimant constituted misconduct as legally defined.

The alleged misconduct in this case concerns the failure of the employee, after a period of disability due to a compensable injury, to report to his employer for work. The identical question has been presented to this court and decided in the case of Walker v. Brown, Administrator, 160 So.2d 258. As observed in the Walker case, an employee cannot be said to “leave ‘his employment without good cause’ ” when he terminates such employment because of injuries received on the job.

Accordingly, the judgment appealed from is affirmed at appellant’s cost.

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