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Thomas v. Lafayette Parish Sch. Sys.

Court of Appeal of Louisiana, Third Circuit

December 10, 2014

CAROL THOMAS
v.
LAFAYETTE PARISH SCHOOL SYSTEM

Editorial Note:

This Decision is not final until expiration of the fourteen day rehearing period.

APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION - #4, PARISH OF LAFAYETTE, NO. 09-08883. SHARON MORROW, WORKERS' COMPENSATION JUDGE.

REVERSED.

Mark Louis Riley, The Glenn Armentor Law Corporation, Lafayette, LA, COUNSEL FOR: Plaintiff/Appellant - Carol Thomas.

Kathy L. Smith, Borne & Wilkes, L.L.C., Lafayette, LA, COUNSEL FOR: Defendant/Appellee - Lafayette Parish School System.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and J. David Painter, Judges.

OPINION

Page 68

[14-732 La.App. 3 Cir. 1] THIBODEAUX, Chief Judge.

In this workers' compensation claim, the trial court granted partial summary judgment in favor of defendants, Lafayette Parish School System (School Board), dismissing plaintiff Carol Thomas's claim for temporary total disability (TTD) benefits. Ms. Thomas was injured while employed by the School Board and made a claim for workers' compensation. Prior to the 1008 claim, and before Ms. Thomas maintained a constant no work status, the School Board placed Ms. Thomas under investigation for work performance and financial impropriety issues. Ms. Thomas was ultimately terminated for cause. The trial court granted partial summary judgment, concluding Ms. Thomas is not entitled to TTD benefits because she was terminated for cause. Ms. Thomas now appeals. Reasoning that temporary total disability benefits continue even after termination until claimant is able to engage in gainful employment, we reverse the trial court's grant of partial summary judgment.

I.

ISSUE

We shall determine whether an employee terminated for cause is still entitled to temporary total disability benefits ...


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