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CARTER v. NEW ORLEANS FIRE DEPT.

No. 94-CA-0338.

646 So.2d 455 (1994)

Joseph S. CARTER v. NEW ORLEANS FIRE DEPARTMENT and City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 13, 1994.

Writ Granted February 17, 1995.

Attorney(s) appearing for the Case

Joseph G. Albe, New Orleans, for plaintiff.

Kathy L. Torregano, City Atty., Milton Osborne, Jr., Deputy City Atty., Bruce E. Naccari, Acting First Asst. City Atty., and Al Sarrat, Asst. City Atty., New Orleans, for defendant.

Before KLEES, CIACCIO and ARMSTRONG, JJ.

ARMSTRONG, Judge.

This is an appeal by the defendant, the City of New Orleans, in a worker's compensation case. The hearing officer awarded the plaintiff, Joseph Carter, a New Orleans fireman, supplemental earnings benefits and medical expenses and also attorney's fees and penalties for arbitrary and capricious denial of worker's compensation, as well as legal interest and costs. The City argues that, as Mr. Carter retired on a disability pension, he is limited to...

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