Hearns v. Orleans Parish School Board

Louisiana Court of Appeal

Hearns v. Orleans Parish School Board

464 So. 2d 865, 23 Educ. L. Rep. 800, 1985 La. App. LEXIS 8213

CourtLouisiana Court of Appeal

DecidedFebruary 12, 1985

DocketNo. CA 2305

StatusPublished

This text of 464 So. 2d 865 (Hearns v. Orleans Parish School Board) 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

Hearns v. Orleans Parish School Board, 464 So. 2d 865, 23 Educ. L. Rep. 800, 1985 La. App. LEXIS 8213 (La. Ct. App. 1985).

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Opinion

REDMANN, Chief Judge.

Plaintiff’s testimony of pain and disabilities, although contradicted considerably as to the pain’s constancy, is supported by the medical testimony (including of cervical disc injury) to such an extent that we cannot say that the trial judge was “clearly wrong,” Arceneaux v. Domingue, 365 So.2d 1330 (La.1978), especially considering the trial judge’s primacy in evaluating credibility, Canter v. Koehring Co., 283 So.2d 716 (La.1973), in awarding plaintiff worker’s compensation benefits for permanent partial disability. This conclusion is not affected by the fact that, as the trial judge noted, in this case of a substitute teacher who worked only sporadically, the benefits amount to over 100% of her actual earnings.

Affirmed.

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REDMANN, Chief Judge.

Plaintiff’s testimony of pain and disabilities, although contradicted considerably as to the pain’s constancy, is supported by the medical testimony (including of cervical disc injury) to such an extent that we cannot say that the trial judge was “clearly wrong,” Arceneaux v. Domingue, 365 So.2d 1330 (La.1978), especially considering the trial judge’s primacy in evaluating credibility, Canter v. Koehring Co., 283 So.2d 716 (La.1973), in awarding plaintiff worker’s compensation benefits for permanent partial disability. This conclusion is not affected by the fact that, as the trial judge noted, in this case of a substitute teacher who worked only sporadically, the benefits amount to over 100% of her actual earnings.

Affirmed.

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Bluebook (online)

464 So. 2d 865, 23 Educ. L. Rep. 800, 1985 La. App. LEXIS 8213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hearns-v-orleans-parish-school-board-lactapp-1985.

Opinion

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