Turner v. American Mutual Insurance Co.
Supreme Court of Louisiana
390 So.2d 1330 (La. 1980)
Turner (plaintiff), a young, mentally challenged, unskilled logger who suffered a serious foot injury with lasting disability while working for American Mutual Insurance (defendant), had his workers' compensation benefits terminated after a doctor cleared him for trial work; at trial, Turner's orthopedic expert testified he couldn't perform logging work requiring extended standing or walking, while a vocational psychiatrist testified some jobs existed in Louisiana suited to his disability, though no testimony addressed whether such jobs existed within reasonable proximity to Turner's actual residence. The trial court and court of appeal found Turner not disabled based on general job availability in Louisiana, and Turner appealed.
Whether an employee is entitled to permanent-disability compensation in Louisiana if there is no form of suitable work available to the employee within a reasonable proximity to the employee's residence.