Supreme Court of Louisiana, 1987

Willamette Industries, Inc. v. Louisiana Worker's Compensation Second Injury Fund

Willamette Industries, Inc. v. Louisiana Worker's Compensation Second Injury Fund
Supreme Court of Louisiana · Decided May 8, 1987 · Marcus
506 So. 2d 503; 1987 La. LEXIS 9120 (Southern Reporter, Second Series)

Willamette Industries, Inc. v. Louisiana Worker's Compensation Second Injury Fund

Opinion of the Court

PER CURIAM.

WRIT GRANTED.

The Second Injury Board abused its discretion under LSA-R.S. 23:1378(B) in not extending the period for filing a claim for reimbursement of benefits. It is undisputed that the claim otherwise falls completely within the ambit of the statute. The arbitrary refusal, without any stated reason, serves only to thwart the purposes of the legislation, that is, the encouraging of employment of handicapped workers.

Accordingly, the judgment of the court of appeal, 503 So.2d 1156, is reversed, and the judgment of the trial court is reinstated.

MARCUS, J., dissents.

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