Todd LeBLANC v. MODERN FLOORING, INC. and Louisiana Insurance Guaranty Association.
No. 91-CA-420.
Court of Appeal of Louisiana, Fifth Circuit.
June 23, 1992.
Rehearing Denied Sept. 17, 1992.
William R. Mustian, III, Stanga & Mus-tian, P.L.C., Metairie, for plaintiff-appellant.
*765George J. Richaud, Young, Richaud, Theard & Myers, New Orleans, for defendants-appellees.
Before KLIEBERT, C.J., and GAUDIN and DUFRESNE, Jr., JJ.
ON REMAND FROM THE SUPREME COURT
KLIEBERT, Chief Judge.
This matter comes before us on remand from the Supreme Court wherein our opinion was vacated and set aside because “[i]t appears that the remand ordered by the court of appeal would result in a reduction of plaintiffs award. This would be improper. Defendants did not appeal or answer the appeal ...”
Since a computation made as directed by our opinion, 591 So.2d 1240, would result in a reduction of benefits to plaintiff and the judgment is definitive against defendants, a remand would serve no purpose. Thus, the award for past due supplemental earnings benefits of $12,781.71 and the finding that plaintiffs average monthly wage at the time of the accident was $1,105.44 are affirmed. The denial of plaintiffs request for penalties and attorneys fees is also affirmed.
AFFIRMED.
ON REHEARING
PER CURIAM.
While considering the rehearing request, we noted a typographical error in our opinion dated June 23, 1992, in affirming the trial court’s award to plaintiff of past due supplemental earnings benefits of $12,-781.71 rather than the correct amount of $2,781.71. Hence, our opinion is corrected to read $2,781.71. The application for rehearing is denied.