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SUPREME COURT OF LOUISIANA

No. 98-C-2564

AL JOHNSON CONSTRUCTION COMPANY AND LIGA Versus DONALD PITRE

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT OFFICE OF WORKERS' COMPENSATION DISTRICT #2

LEMMON, Justice* This is a proceeding in the Department of Workers' Compensation filed by Donald Pitre's employer, who is currently paying temporary total benefits to Pitre. The employer is seeking recognition of the right to an offset under La. Rev. Stat. 23:1225C(1) based on Pitre's contemporaneous receipt of Social Security disability benefits. In the lower courts, Pitre conceded the employer's entitlement to an offset under this court's decision in Garrett v. Seventh Ward Gen. Hosp., 95-0017 (La. 9/22/95), 660 So. 2d 841, and the litigation focused on whether the offset in the proportion of the plan benefits funded by "an employer" means the payments into the plan by all of Pitre's past and present employers or the payment by his employer at

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*Victory, J., not on panel. Rule IV, Part 2,

Download 98-C-2564 AL JOHNSON CONSTRUCTION and LIGA v. DONALD PITRE.pdf

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