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COBB v. BOSWELL SAWMILL, INC.

No. 84-369.

469 So.2d 407 (1985)

Roy COBB, Plaintiff-Appellant, v. BOSWELL SAWMILL, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 15, 1985.

Attorney(s) appearing for the Case

Charles R. Whitehead, Jr., Natchitoches, for defendant-appellant.

Thomas & Dunahoe, A.J. Gregory, Natchitoches, for plaintiff-appellee.

Brittain & Williams, Jack O. Brittain, Natchitoches, for third party defendant-appellee.

Before DOMENGEAUX, DOUCET and YELVERTON, JJ.

YELVERTON, Judge.

There are two issues in this worker's compensation appeal. The first is whether the trial court erred in its calculation of the amount of benefits due plaintiff for a five percent permanent impairment of the leg, under LSA-R.S. 23:1221(4)(o). The second is, if the employer owed more than it paid, was it arbitrary and capricious in failing to resume benefits after it learned of plaintiff's disability, and should it be assessed penalties and...

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