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NELSON v. WINDMILL NURSERY OF LOUISIANA

No. 2004 CA 2717.

923 So.2d 715 (2005)

Francile NELSON v. WINDMILL NURSERY OF LOUISIANA, L.L.C.

Court of Appeal of Louisiana, First Circuit.

September 23, 2005.

Attorney(s) appearing for the Case

Daniel Steven Wanko, Jr., Slidell, Counsel for Plaintiff/Appellee Francile Nelson.

Robert T. Lorio, Covington, Counsel for Defendant/Appellant Windmill Nursery of Louisiana.

Before: CARTER, C.J., DOWNING and GAIDRY, JJ.

DOWNING, J.

The main issue in this appeal is whether the Office of Workers Compensation (OWC) erred in allowing an injured employee to dismiss the remainder of her claims ex parte, without prejudice, after it ruled in her favor in a companion suit and assessed the employer with penalties and attorney fees. The facts are fully set forth in the companion suit. See Nelson v. Windmill Nursery of Louisiana, 04-1941 (La.App. 1 Cir. 9/23/05),

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