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HEBERT v. JEFFREY

No. 94 CA 1570.

655 So.2d 353 (1995)

Donald HEBERT v. Joe JEFFREY, Jr., Venture Transport Company, Ranger Insurance Company, Thomas H. Gordon, Dwight J. Granier & Liberty Mutual Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 21, 1995.

Attorney(s) appearing for the Case

James H. Dupont, Plaquemine, for plaintiff-appellee Donald Hebert.

Phillip J. McMahon, Houma, for defendants-appellees Liberty Mut. Ins., Dwight Granier, and Petrin Corp.

John E. Cox, Steven C. Judice, Baton Rouge, for defendants-appellees Joe Jeffrey, Jr., Venture Transport Co., Ranger Ins. Co., and Thomas W. Gordon.

Charles A. Schutte, Jr., Baton Rouge, for intervenor-appellant Petrin Corp.

Before WATKINS and FOGG, JJ., and TANNER, J. Pro Tem.

FOGG, Judge.

The salient issue raised on appeal in this tort action is whether an employer has an action for the reimbursement of worker's compensation benefits pursuant to LSA-R.S. 23:1101 once it has been determined that the injured employee was not in the course and scope of his employment at the time of the accident.

The facts and procedure of this case are fully set forth in the case of Hebert v. Jeffrey,

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