Preview:

MAY 16, 2000 SUPREME COURT OF LOUISIANA NO. 99-CA-2854 ALCEE PIERCE VERSUS LAFOURCHE PARISH COUNCIL ON APPEAL FROM THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF LAFOURCHE

MARCUS, JUSTICE On injured or

*

about the

September full-time

24,

1994,

Alcee of the

Pierce

was

while

in

employment

Lafourche

Parish Council (council). He was seventy-two years old at the time of the accident. As a result of his injuries, he was

unable to return to his former employment or to employment at wages equaling ninety percent or more of his pre-injury wages, so the council paid him supplemental earnings benefits under La. R.S. 23:1221(3)(d)(iii) of the Louisiana Workers' Compensation Law. On November 20, 1995, Pierce filed a petition for

declaratory relief in the district court against the council. He alleged that at the time of his accident, he was receiving federal social security old age retirement benefits. Pursuant

to La. R.S. 23:1221 (3)(d)(iii), supplemental earnings benefits would be limited to 104 weeks rather than 520 weeks if the employee was receiving old age insurance benefits under The

Federal Social Security Act. La. R.S. 23:1221(3)(d)(iii)

Pierce sought a judgment declaring unconstitutional under La. Const.

art. I,

Download 1999-CA-2854 ALCEE PIERCE v. LAFOURCHE PARISH COUNCIL.pdf

Louisiana Law