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SUPREME COURT OF LOUISIANA NO. 98-CC-1602 MICHELLE O'REGAN and RYAN O'REGAN V. PREFERRED ENTERPRISES, INC. D/B/A NUMBER ONE CLEANERS, et al ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON

MARCUS, Justice* Michelle O'Regan was employed by Preferred Enterprises (hereinafter "Preferred"), a commercial laundry and dry-cleaning establishment, for a total of three months, from July 1990 until she resigned in October 1990. In 1993, she sought medical

attention for sinus problems and was eventually diagnosed as having myelodysplasia, a form of aplastic anemia. She claims that she

contracted this disease as a result of being exposed to hazardous chemicals in the course and scope of her employment with Preferred. Mrs. O'Regan originally filed a workers' compensation claim asserting a right to benefits for having contracted an occupational disease. benefits. The workers' compensation judge denied

He determined that plaintiff was unable to prove "by an

overwhelming preponderance of the evidence" that her disease was contracted as a consequence of her short term 1990 employment with Preferred as required by La. R.S. 23:1031.1D. was affirmed on appeal and is now final.1 Having failed to prove that her disease was employment related so as to justify receipt of compensation benefits, Mrs. O'Regan next filed suit in district court against her employer and
*

That determination

Johnson, J., not on panel.

Rule IV, Part 2,

Download MARCUS, J., dissents for reasons assigned on original hearing.pdf

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