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CONLEY v. LIBERTY MUT. INS. CO.

No. 13163.

421 So.2d 254 (1982)

Sam CONLEY, Jr. v. LIBERTY MUTUAL INSURANCE COMPANY and Schwerman Trucking Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 19, 1982.

Attorney(s) appearing for the Case

R. Ray Orrill, Jr., Victor A. Marsiglia, Jr., New Orleans, for plaintiff-appellee.

Victor A. Dubuclet, III, Borrello & Huber, Metairie, for defendants-appellants.

Before REDMANN, C.J., and AUGUSTINE and CIACCIO, JJ.

REDMANN, Chief Judge.

Defendant employer appeals from a judgment for workers' compensation benefits, with penalties and attorney's fees. Defendant argues that plaintiff's injury was caused by his own intoxication and is therefore not compensable, La.R.S. 23:1081.

The question is whether the trial judge erred in concluding that defendant had proved neither plaintiff's intoxication nor its causation of the accident...

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