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MONTANA v. CITY OF NEW ORLEANS

No. 95-CA-1701.

682 So.2d 239 (1996)

Gaetano MONTANA v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 22, 1996.

Writ Denied January 31, 1997.

Attorney(s) appearing for the Case

Leonard A. Washofsky, Leonard A. Washofsky, A Law Corporation, Metairie, for Plaintiff/Appellee.

Avis Marie Russell, City Attorney, Neil J. Kohlman, Assistant City Attorney, New Orleans, for Defendant/Appellant.

Before BARRY, LOBRANO and JONES, JJ.

BARRY, Judge.

The City appeals a judgment which awards plaintiff worker's compensation benefits, penalties and attorney fees. The evidence does not support a finding that the plaintiff's disability is temporary. Therefore, we reverse the award and remand for the hearing officer to determine whether the plaintiff is entitled to other benefits such as permanent total disability or supplemental earnings benefits. We reverse the award of medical expenses and remand to...

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