This section contains the nature of the case and procedural background.

P, a twenty-year-old black man, was employed as a saw hand for a logging contractor. His job required that he perform manual labor, including the operation of a power saw and, at times, a log skidder, in cutting and moving logs in the woods. P received a serious injury to his right foot when the operator of the skidder raised the blade, pinning P's foot between the blade and the radiator of the skidder, and breaking several bones. After two operations conducted by Dr. Lowrey, P was ultimately released by the doctor with a residual disability of thirty to forty percent in the right foot. P was paid workers' compensation benefits until Dr. Lowrey notified D that he felt P could resume work on a trial basis. D terminated compensation payments. P sued claiming that the payments were improperly discontinued because he was permanently disabled. The trial court found that Turner's disability could not be defined as permanent and total under La. R.S. 23:1221(2) as amended in 1975; the court of appeal affirmed. P appealed.

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