# Employers Self Insurers Fund v. Louisiana Workers' Compensation Second Injury Board

> Louisiana Court of Appeal · May 25, 2010 · 9 La.App. 5 Cir. 808

URL: https://www.frixlaw.com/law-library/cases/9663591

## Case

- **Full name:** Employers Self Insurers Fund v. Louisiana Workers’ Compensation Second Injury Board
- **Court:** Louisiana Court of Appeal
- **Decided:** May 25, 2010
- **Citations:** 9 La.App. 5 Cir. 808; 40 So. 3d 1074; 2010 La. App. LEXIS 782; 2010 WL 2089224
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnson
- **Judges:** Clarence E. McManus
- **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/9663591

## Opinion text

JOHNSON, J.,
concurs with reasons.
hi agree with the majority that Employers Self Insurers Fund is entitled to reimbursement for indemnity benefits and medical benefits. As one of the assignments of error, it was alleged the trial court erred because it could not set the amount awarded for reimbursement for the reason that La. R.S. 23:1378(l)(a) mandates that reimbursement is determined after a complete audit by the Second Injury Board.
The language of La. R.S. 23:1378 refers to reimbursement claims that have been approved by the Second Injury Board. *1078 Here, the claims were denied by the Board, and the case proceeded through the court system. The trial court had ample information to determine the reimbursement amounts for the indemnity benefits and the medical benefits. For these reasons, I, respectfully, concur with the majority regarding the amounts of the awards in favor of Employers Self Insurers Fund.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9663591. Public record. Not legal advice.