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DUNCAN v. STATE, DOTD

No. 23689-CA.

604 So.2d 614 (1992)

Lynn W. DUNCAN, Plaintiff-Appellant, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Writ Granted November 20, 1992.

Attorney(s) appearing for the Case

Broussard, Holton, Halcomb & Vizzier by Roy S. Halcomb, Jr., Alexandria, for plaintiff-appellant.

Richard Ieyoub, Atty. Gen., Rankin, Yeldell, Herring & Katz by Richard A. Bailly, Asst. Atty. Gen., Bastrop, for defendant-appellee.

Before LINDSAY, VICTORY and BROWN, JJ.

BROWN, Judge.

In this worker's compensation suit, plaintiff, Lynn W. Duncan, appeals from the trial court's finding that he was not entitled to have his award of supplemental earnings benefits (SEB) accelerated pursuant to LSA-R.S. 23:1333. Finding no error, we affirm.

LSA-R.S. 23:1333 provides:

If the employer against whom an award awarding compensation has been rendered becomes insolvent or fails to pay six successive installments as they become...

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