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Spillman v. South Cent. Bell Telephone Co.

Supreme Court of Louisiana
Jan 15, 1988
518 So. 2d 994 (La. 1988)

Opinion

No. 87-C-2549.

January 15, 1988.

APPEAL FROM 22ND JUDICIAL DISTRICT COURT, PARISH OF WASHINGTON, STATE OF LOUISIANA.

Sam J. Collett, Jr., Collett Amacker, Bogalusa, for applicant-plaintiff.

Charles M. Hughes, Craig J. Robichaux, Talley, Anthony, Hughes Knight, Bogalusa, for respondent-defendant.


The court of appeal affirmed the judgment of the trial court granting defendant's motion for summary judgment because it held that a mental disorder caused by job-related stress, unaccompanied by a physical injury, is not compensable under the Worker's Compensation Act.

Without deciding whether this type of injury is compensable under the Act, we reverse.

If this type of injury is compensable under the Act, then the summary judgment was improper. If this type of injury is not compensable under the Act because it does not fit into the Act's definition of an injury, then the employer would not have tort immunity. Therefore, it may be possible for the plaintiff to state a cause of action in tort. Accordingly, the court of appeal's judgment affirming the granting of the summary judgment is reversed and the case is remanded to the district court for further proceedings.


Summaries of

Spillman v. South Cent. Bell Telephone Co.

Supreme Court of Louisiana
Jan 15, 1988
518 So. 2d 994 (La. 1988)
Case details for

Spillman v. South Cent. Bell Telephone Co.

Case Details

Full title:SYLVIA DUNAWAY SPILLMAN v. SOUTH CENTRAL BELL TELEPHONE COMPANY

Court:Supreme Court of Louisiana

Date published: Jan 15, 1988

Citations

518 So. 2d 994 (La. 1988)

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