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RICHARD v. COASTAL CULVERT & SUPPLY, INC.

No. 11-232.

76 So.3d 131 (2011)

Dallas RICHARD v. COASTAL CULVERT & SUPPLY, INC.

Court of Appeal of Louisiana, Third Circuit.

October 5, 2011.

Attorney(s) appearing for the Case

Michael Benny Miller , Miller & Miller, Crowley, LA, for Plaintiff/Appellant, Dallas Richard.

Matthew Robert Richards , Johnson, Stiltner & Rahman, Baton Rouge, LA, for Defendant/Appellee, Coastal Culvert & Supply, Inc.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MARC T. AMY, and PHYLLIS M. KEATY, Judges.

THIBODEAUX, Chief Judge.

The claimant, Dallas Richard, appeals the judgment of the Office of Workers' Compensation (OWC) denying him penalties and attorney fees for the employer's failure to timely pay an amount awarded pursuant to a Consent Judgment between the parties. Finding that the underpayment at issue was not due to a condition beyond the employer's control, we reverse the judgment of the OWC and render the statutory penalty of $3,000.00 and attorney fees...

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