LeBlanc v. Modern Flooring, Inc.

603 So. 2d 764, 1992 La. App. LEXIS 2272, 1992 WL 155868

• Court: Louisiana Court of Appeal
• Decided: June 23, 1992
• Docket: No. 91-CA-420
• Status: Published

Opinions

ON REMAND FROM THE SUPREME COURT

KLIEBERT, Chief Judge.

This matter comes before us on remand from the Supreme Court¹ wherein our opinion was vacated and set aside because “[i]t appears that the remand ordered by the court of appeal would result in a reduction of plaintiffs award. This would be improper. Defendants did not appeal or answer the appeal ...”

Since a computation made as directed by our opinion, 591 So.2d 1240, would result in a reduction of benefits to plaintiff and the judgment is definitive against defendants, a remand would serve no purpose. Thus, the award for past due supplemental earnings benefits of $12,781.71 and the finding that plaintiffs average monthly wage at the time of the accident was $1,105.44 are affirmed. The denial of plaintiffs request for penalties and attorneys fees is also affirmed.

AFFIRMED.

1 . LeBlanc v. Modern Flooring, Inc., et al., 596 So.2d 543 (La.1992).