Richards v. St. Bernard Parish Government

25 So. 3d 867 (2009)

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Richards v. St. Bernard Parish Government

Louisiana Court of Appeal
25 So. 3d 867 (2009)

Facts

Raleigh Richards was a St. Bernard Parish firefighter before his retirement. Raleigh died and was survived by his wife, Elizabeth Richards (plaintiff). In February 2009, Elizabeth sought death benefits against the St. Bernard Parish government (St. Bernard) (defendant), claiming Raleigh’s illness and death were work related. St. Bernard filed a partial motion for summary judgment, alleging that death benefits could not include indemnity benefits, because Raleigh was retired and was not earning wages at the time of his death. St. Bernard argued that if it were proved that Raleigh suffered a compensable injury, St. Bernard would only be responsible for burial expenses. The workers’-compensation judge granted the motion, finding Elizabeth only entitled to funeral expenses, not wage benefits. Elizabeth filed for a writ, seeking review of the judgment.

Rule of Law

Issue

Holding and Reasoning (Kirby, J.)

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