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DYER v. GAB BUSINESS SERVICES

No. 92-CA-1633.

613 So.2d 801 (1993)

Lester R. DYER v. GAB BUSINESS SERVICES.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 10, 1993.

Writ Denied May 14, 1993.

Attorney(s) appearing for the Case

Kenneth M. Plaisance, New Orleans, for plaintiff.

George J. Nalley, Jr., Piper D. Griffin, New Orleans, for defendant.

Before SCHOTT, C.J., and BARRY and PLOTKIN, JJ.

PLOTKIN, Judge.

Plaintiff Lester Dyer appeals a judgment from a hearing officer of the Office of Workers' Compensation awarding him $461.35 per month in supplemental earnings benefits (SEB) for 520 weeks under the provisions of LSA-R.S. 23:1221(3). Dyer claims that the hearing officer erred in three ways: (1) finding that he is capable of earning at least $1,000 per month in another job, (2) denying his claim for penalties and attorney fees for the arbitrary and capricious...

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