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CLARK v. SCHWEGMANN GIANT SUPERMARKET

No. 96-CA-2301

740 So.2d 137 (1999)

Byron T. CLARK v. SCHWEGMANN GIANT SUPERMARKET.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 17, 1999.

Attorney(s) appearing for the Case

George R. Blue, Jr., Griffith, Conroy & Battard, Metairie, Louisiana, and Christopher M. Landry, Karen P. Holland, Metairie, Louisiana, Attorneys for Appellant.

Joseph G. Albe, Metairie, Louisiana, Attorney for Appellee.

Richard P. Ieyoub, Attorney General, John A. Gallagher, Assistant Attorney General, Louisiana Dept. of Labor, Office of Workers' Compensation, Baton Rouge, Attorneys for Louisiana Department of Labor.

Court composed of Judge WILLIAM H. BYRNES, III, Judge STEVEN R. PLOTKIN and Judge PATRICIA RIVET MURRAY.

BYRNES, Judge.

This matter arises out of an injury to the claimant, Byron Clark (hereinafter referred to sometimes as "Clark"), that occurred in the course and scope of his employment at Schwegmann Giant Super Markets, Inc. on November 15, 1993. Schwegmann voluntarily commenced compensation payments. Clark instituted this litigation because of a dispute about the basis for calculating his compensation rate. According to Schwegmann's calculations, the rate was $124...

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