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BACKEST v. LOUISIANA WORKERS' COMPENSATION

No. 29924-CA.

702 So.2d 14 (1997)

Gary W. BACKEST, Plaintiff-Appellant, v. LOUISIANA WORKERS' COMPENSATION, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

October 29, 1997.

Attorney(s) appearing for the Case

Mills, Timmons & Flowers by William T. Allison, Sheveport, for Plaintiff-Appellant.

Phelps, Dunbar, L.L.P. by H. Alston Johnson, III, Baton Rouge, for Defendant-Appellee Louisiana Workers' Compensation Corporation.

Isabel Wingerter, Baton Rouge, for Defendant-Appellee State of Louisiana, Dept. of Labor.

Before MARVIN, C.J., and HIGHTOWER and PEATROSS, JJ.

MARVIN, Chief Judge.

Plaintiff appeals the trial court's dismissal of his declaratory action seeking determination that La. R.S. 23:1021(10)(d) is unconstitutionally discriminatory to private employees paid on the basis of unit, piecework or commission. We affirm.

FACTS

Gary Backest, an employee on commission as a salesman for Service Tool Company, Inc., was apparently injured in the course and scope of his employment. He sought workers' compensation...

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