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INSURANCE CO. OF NORTH AMERICA v. LABIT

Nos. 99 CA 2448, 99 CA 2449.

772 So.2d 385 (2000)

INSURANCE COMPANY OF NORTH AMERICA v. Brian E. LABIT. Brian E. Labit v. Willard A. Ellender, Inc. and CIGNA.

Court of Appeal of Louisiana, First Circuit.

November 15, 2000.

Attorney(s) appearing for the Case

John R. Walker, Gina Puleio Campo, New Orleans, for Appellants Insurance Company of North America and Willard A. Ellender, Inc.

Michael J. Samanie, Houma, for Appellee Brian E. Labit.

Before: WHIPPLE, FOGG, and BAGNERIS, JJ.

FOGG, J.

In this workers' compensation action, the insurer appeals a judgment ordering it to pay penalties and attorney's fees. For the following reasons, we reverse in part and affirm in part.

Brian Labit injured his back at work in 1992. In 1995, the Office of Workers' Compensation rendered judgment, finding him temporarily totally disabled. Since the rendering of that judgment, Labit continued to be treated by...

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