# Alexander v. Avondale Shipyards, Inc.

> Louisiana Court of Appeal · February 9, 1982 · 416 So. 2d 126

URL: https://www.frixlaw.com/law-library/cases/7519105

## Case

- **Full name:** Matthew ALEXANDER v. AVONDALE SHIPYARDS, INC.
- **Court:** Louisiana Court of Appeal
- **Decided:** February 9, 1982
- **Citations:** 416 So. 2d 126; 1982 La. App. LEXIS 6783
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Klees, Redmann, Schott
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7519105

## Opinion text

ON REHEARING
We granted rehearing because of plaintiff’s argument that La.R.S. 23:1223 applies only to a single-injury case and not to a case of two compensable injuries.
That question was decided by this court adversely to plaintiff’s position in McGee v. State through Bd. of Comm’rs, 355 So.2d 1079 (La.App. 4 Cir. 1978). In McGee , plaintiff first suffered a non-disabling knee injury and then a disabling back injury, for which he was being paid maximum benefits. Reasoning that “the benefits due plaintiff from more than one accident or injury cannot exceed the [statutorily] provided maximum,” id. at 1081 , citing earlier two-accident cases from other circuits, the court concluded that the twice-injured worker could only receive a total of the maximum benefits.
Our original opinion and decree are therefore reinstated.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7519105. Public record. Not legal advice.