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GENTRY v. PUGH

No. 13606.

362 So.2d 1154 (1978)

Richard Wayne GENTRY, Plaintiff-Appellee, v. John M. PUGH et al., Defendants-Appellees, Travelers Ins. Company, Intervenor-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Writ Refused October 20, 1978.

Attorney(s) appearing for the Case

Theus, Grisham, Davis & Leigh by J. Michael Hart, Monroe, for Travelers Ins. Co., intervenor-appellant.

Joiner & Roberts by Charles E. Joiner, West Monroe, for Richard Wayne Gentry, plaintiff-appellee.

Hayes, Harkey, Smith & Cascio by Charles S. Smith, Monroe, for Hanover Ins. Co., defendant-appellee.

Snellings, Breard, Sartor, Inabnett & Trascher by Kent Breard, Monroe, for Insured Lloyds, defendant-appellee.

Before BOLIN, PRICE and MARVIN, JJ.

MARVIN, Judge.

May a workmen's compensation insurer be allowed to recover from an uninsured motorist carrier the amount it has paid under the workmen's compensation law to the employee whose compensable injury was caused by an uninsured tort-feasor?

In accord with what appears to be the unanimous result of holdings in other jurisdictions, we deny recovery to the workmen's compensation insurer. See Larsen's Workmen's Compensation Law, § 71.23, Uninsured...

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