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BENOIT v. FRANK'S CASING CREW

No. 97-1522.

713 So.2d 762 (1998)

Major BENOIT, Plaintiff-Appellant, v. FRANK'S CASING CREW, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

May 20, 1998.

Attorney(s) appearing for the Case

Lionel H. Sutton, III, New Iberia, for Major Benoit.

David Keith Johnson, Baton Rouge, for Frank's Casing Crew and Rental Tools.

Before DOUCET, C.J., and SULLIVAN and GREMILLION, JJ.

SULLIVAN, Judge.

Major Benoit appeals the dismissal of his claim for supplemental earnings benefits (SEB) after the workers' compensation judge found that Benoit (1) forfeited his right to benefits under La.R.S. 23:1208 and (2) failed to prove that he is unable to earn ninety percent of his pre-injury wages.

Discussion of the Record

Benoit, twenty-one at the time of the accident, was employed as a pipe-yard helper by Frank's Casing Crew and Rental...

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