Opinion
No. 2001-C-0924
June 29, 2001.
IN RE: Gaylord Container Corporation; Continenal Casualty Company; — Defendant(s); Applying for Writ of Certiorari and/or Review Office of Worker'S Compensation District 6, No. 98-05101; to the Court of Appeal, First Circuit, No. 99 CA 2340
Granted. See per curiam.
RLL
PFC
CDK
JPV
CDT
JTK
PCC
This application is granted in part.
The court of appeal reversed the reinstatement of temporary total benefits and awarded plaintiff supplemental earnings benefits based on the conclusion that plaintiff could only earn minimum wages, thereby remanding the matter to the hearing officer to determine plaintiff's average weekly wage before her injury.
Because the issue before the hearing officer was whether temporary total disability benefits were improperly terminated, supplemental earnings benefits were never considered by that court. Therefore, on remand the parties should be allowed to offer whatever evidence they deem appropriate to support or rebut the award of supplemental earnings benefits. See La.Rev.Stat. 23:1221(3)(c)(i). For that reason, we grant this application, vacate the court of appeal's award of supplemental earnings benefits, and remand to the trial court for a determination of the proper amount due.
In all other respects, the application is denied.