Opinion

Miley v. Bogalusa Fire Department

  • 2014 La.App. 1 Cir. 1113
  • 166 So. 3d 319
  • 2015 La. App. LEXIS 440
  • 2015 WL 993126
Court
Louisiana Court of Appeal
Filed
Mar 6, 2015
Status
Published
Author
McClendon
On the bench
Higginbotham, McClendon, Whipple
Cited by
4 cases

finding that employer failed to prove the fireman’s employment “did not in any way precipitate, accelerate, aggravate, or otherwise cause or contribute to the heart condition” where the medical experts conceded that the fireman’s work could have exacerbated the heart disease

How later courts described this case

  • finding that employer failed to prove the fireman’s employment “did not in any way precipitate, accelerate, aggravate, or otherwise cause or contribute to the heart condition” where the medical experts conceded that the fireman’s work could have exacerbated the heart disease
  • holding that an employer must prove that “the employment did not in any way precipitate, accelerate, aggravate, or otherwise cause or contribute to the heart condition.”

Written by the judges who cited it.

The opinion

McCLENDON, J.,

concurs.

|, While the evidence presented by Mr. Miley to establish that he was not totally and permanently withdrawn from the workforce was minimal, I concur with the result reached by the majority given the manifest error standard of review.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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