# Fishbein v. State ex rel. Louisiana State University Health Sciences Center

> Louisiana Court of Appeal · September 8, 2004 · 2003 La.App. 1 Cir. 0765

URL: https://www.frixlaw.com/law-library/cases/7771228

## Case

- **Full name:** Dr. Judith FISHBEIN, M.D. v. STATE of Louisiana Through LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER and Teachers' Retirement System of Louisiana
- **Court:** Louisiana Court of Appeal
- **Decided:** September 8, 2004
- **Citations:** 2003 La.App. 1 Cir. 0765; 887 So. 2d 56; 2004 La. App. LEXIS 2078
- **Precedential status:** Published
- **Opinion:** Concurrence by McDonald
- **Judges:** Guidry, Kuhn, McDonald
- **Cited by:** 3 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/7771228

## Opinion text

^MCDONALD, J.,
Concurring.
I concur in the result reached by the majority. I agree that it is not appropriate to assess the total purchase price to LSU. Even though La. R.S. 11:888 provides for the employer to pay the total purchase cost if the error is the total fault of the employer, I do not believe these particular facts support such a finding. There was no error made nor erroneous information provided in the submission of contributions as contemplated by La. R.S. 11:888C(1). No error was made because the TRSL did not consider supplemental pay to be subject to retirement. Therefore, there was no error in calculation or erroneous information; supplemental income was not considered at all. Thus, under these particular facts I would not find any employer (LSU in this case) liable for payment of the entire amount, but only the employer amount, and the employee (Dr. Fishbein) liable for her contributions. In all other respects I agree with the opinion of the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7771228. Public record. Not legal advice.