LeBlanc v. Modern Flooring, Inc.

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

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.

Footnotes

1

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