# Johnson v. Fidelity & Casualty Insurance Co.

> Louisiana Court of Appeal · May 5, 1993 · 618 So. 2d 651

URL: https://www.frixlaw.com/law-library/cases/7629011

## Case

- **Full name:** Lemmie E. JOHNSON v. FIDELITY & CASUALTY INSURANCE COMPANY OF NEW YORK
- **Court:** Louisiana Court of Appeal
- **Decided:** May 5, 1993
- **Citations:** 618 So. 2d 651; 1993 La. App. LEXIS 1795
- **Precedential status:** Published
- **Opinion:** Concurrence by Hightower
- **Judges:** Brown, Hightower, Stewart, Victory, Williams
- **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/7629011

## Opinion text

HIGHTOWER, Judge,
concurring.
Where, as here, an employee waits ten years before coming forward to complain that previous benefits have been based upon an incorrect average earnings figure, it is surely incumbent upon him to prove that assertion. Yet, with certain reservations, I can accept the conclusion that the plaintiff succeeded in sustaining that burden in the instance before us.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7629011. Public record. Not legal advice.