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RYAN v. ESIF/RYAN CONST.

No. 46,916-WCA.

88 So.3d 719 (2012)

Richard A. RYAN, Plaintiff-Appellee v. ESIF/RYAN CONSTRUCTION, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 4, 2012.

Attorney(s) appearing for the Case

Jerald L. Perlman , Baton Rouge, LA, for Appellant, ESIF.

Robert A. Dunkelman , Shreveport, LA, for Appellee, Ryan Construction Company, Inc. and Blount Brothers Construction, Inc.

Aubrey R. Snell , for Appellee, Richard Ryan.

Michael A. Stroud , for Appellee, LUBA.

Before WILLIAMS, STEWART and SEXTON (Pro Tempore), JJ.

WILLIAMS, J.

In this case, the Office of Workers' Compensation ("OWC") granted summary judgment in favor of defendant, Employers' Self Insurance Fund ("ESIF"), finding that claimant's right to receive payment for medical treatment related to his cardiac condition was suspended, subject to the buy back provisions of LSA-R.S. 23:1102(B). However, the workers' compensation judge ("WCJ") rejected ESIF's assertion that claimant had forfeited all

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