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MACRO OIL CO. v. BENJAMIN

Nos. 97-459, 97-460.

702 So.2d 915 (1997)

MACRO OIL COMPANY, Plaintiff-Appellee, v. John J. BENJAMIN, Defendant-Appellant. John BENJAMIN, Plaintiff-Appellant, v. MACRO OIL, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

October 8, 1997.

Attorney(s) appearing for the Case

Katherine Marie Loos, Lafayette, for Macro Oil Company.

Kraig Thomas Strenge, Lafayette, for John J. Benjamin.

Before DOUCET, C.J., and DECUIR and AMY, JJ.

DECUIR, Judge.

In this worker's compensation case, the claimant, John Benjamin, appeals a judgment of the workers' compensation judge dismissing his claim against his employer Macro Oil, Inc. For the reasons that follow, we affirm.

FACTS

On June 11, 1994, Benjamin, while in the course and scope of his employment as a cashier/cook for Macro Oil, Inc., lifted a trash receptacle in order to empty it into a dumpster. The trash receptacle was a fifty...

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