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BERRY v. INSURANCE CO. OF NORTH AMERICA

No. 28580-CA.

683 So.2d 310 (1996)

Michael BERRY and Elizabeth Berry, Individually, and on behalf of their minor child, Amber Nicole Berry, Plaintiffs-Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, et al. and Hinton Well Servicing, Inc., d/b/a Hinton Well Services, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 5, 1996.

Attorney(s) appearing for the Case

Norman R. Gordon & Associates by W. Orie Hunter, III, Shreveport, for Plaintiffs-Appellants.

Brittain & Sylvester by Russell L. Sylvester, Natchitoches, Young, Richard & Meyers by George J. Richaud, New Orleans, for Defendants-Appellees.

Before MARVIN, NORRIS HIGHTOWER, GASKINS and CARAWAY, JJ.

CARAWAY, Judge.

In this case, we are asked by an injured employee to extend the ruling in Weber v. State, 93-0062 (La. 4/11/94), 635 So.2d 188, to allow this action in tort against the employer and the worker's compensation insurer for their intentional refusal to authorize a medical procedure which would have prevented a significant worsening of his employment-related injury. Since we find that the Worker's Compensation...

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