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PATTON v. SILVEY COMPANIES

No. 80-C-1874.

395 So.2d 722 (1981)

S. J. PATTON v. SILVEY COMPANIES and Palmer-Jones Timber Company, Inc.

Supreme Court of Louisiana.

March 2, 1981.

Attorney(s) appearing for the Case

Robert C. Lowther, Jr., Lowther & Boone, Many, for plaintiff-applicant.

Joseph Payne Williams, Brittain & Williams, Natchitoches, for defendant-respondent.

CALOGERO, Justice.

This lawsuit presents a pair of issues, the first being whether a workman's compensation lawsuit is premature if brought one week after the discontinuance of compensation payments and without the claimant's prior demand to have compensation payments resumed, where the insurer in discontinuing benefits relies exclusively on a doctor's medical report written six weeks before termination of compensation and reciting that plaintiff "will be able to...

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