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JOHNSON v. SLINE INDUSTRIAL PAINTERS, INC.

No. CA-1467.

447 So.2d 626 (1984)

Lawrence JOHNSON v. SLINE INDUSTRIAL PAINTERS, INC. and Liberty Mutual Ins. Co.

Court of Appeal of Louisiana, Fourth Circuit.

March 14, 1984.

Attorney(s) appearing for the Case

Stephen C. Kogos, New Orleans, for plaintiff-appellant.

Temple A. Stephens, Metairie, for defendant-appellee Liberty Mut. Ins. Co.

Before KLEES, BYRNES and WILLIAMS, JJ.

WILLIAMS, Judge.

Plaintiff appeals a trial court judgment granting defendant's motion for summary judgment and dismissing plaintiff's suit at plaintiff's costs. We affirm.

Concerning the requirements for a suit in workers' compensation, La.R.S. 23:1314 states:

Unless ... it is alleged ... that the employee or the dependents is not being or has not been paid, and that the employer has refused to pay, the maximum percent of wages to which petitioner...

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