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NESOM v. BROWN AND ROOT, U.S.A., INC.

No. 92-3473.

987 F.2d 1188 (1993)

Daniel R. NESOM, Plaintiff-Appellee, v. BROWN AND ROOT, U.S.A., INC. et al., Defendants, UNUM Life Insurance Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 12, 1993.

Attorney(s) appearing for the Case

Michael Parker, Lauren A. Welch, McGlinchey, Stafford, Cellini & Lang, New Orleans, LA, for defendant-appellant.

Daniel J. McGlynn, Baton Rouge, LA, for plaintiff-appellee.

Before POLITZ, Chief Judge, GARWOOD and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The district court refused to allow a disability carrier to deduct the amount of a workers' compensation award in calculating monthly disability benefits. 790 F.Supp. 123. Because we conclude that the judgment contradicts a policy provision permitting the insurer to deduct workers' compensation benefits, we vacate and remand.

I.

Plaintiff-Appellee Daniel Nesom was left totally...

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