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SMITH v. PHOENIX ASSURANCE CO. OF NEW YORK

No. 3794.

231 So.2d 733 (1970)

Jessie Mae SMITH v. PHOENIX ASSURANCE CO. OF NEW YORK.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 9, 1970.

Attorney(s) appearing for the Case

Schroeder, Kuntz & Miranne, Michael O. Miranne, New Orleans, for plaintiff-appellant.

Montgomery, Barnett, Brown & Read, Wood Brown, III, New Orleans, for defendant-appellee.

Before REDMANN, LeSUEUR and SWIFT, JJ.

SWIFT, Judge.

Mrs. Jessie Mae Smith brought this suit for total disability benefits under the workmen's compensation act, alleging that a work related accident had caused her to suffer a hernia. The lower court rendered judgment in favor of the defendant, the employer's compensation insurer, and the plaintiff has appealed.

Plaintiff worked as a kitchen helper for Drago Batinich at Drago's Seafood Restaurant in New Orleans. Mrs. Smith testified that on February...

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