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CLAVIER v. LAY DOWN SERVICE, INC.

No. 00 00701-CA.

776 So.2d 634 (2000)

Shane CLAVIER, et ux. v. LAY DOWN SERVICE, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 28, 2001.

Attorney(s) appearing for the Case

Donald G. Cave, Cave Law Firm, Baton Rouge, LA, Counsel for Plaintiff/Appellant.

Edward C. Abell Jr., Onebane, Bernard, Torian, Lafayette, LA, Counsel for Defendant/Appellee Grey Wolf Drilling Company.

Raymond M. Allen, Allen Law Office, Lafayette, LA, Counsel for Defendant/Appellee Soloco, L.L.C.

John Felton Blackwell, New Iberia, LA, Counsel for Defendant/Appellee Lay Down Service, Inc.

Henry A. King, King, LeBlanc, & Bland, New Orleans, LA, Counsel for Defendant/Appellee Union Pacific Resources, Inc.

Michael Joseph Juneau, The Juneau Firm, Lafayette, LA, Counsel for Defendant/Appellee Audubon Indemnity Company.

Shane Michael Mouton, Mouton & Adams, Rayne, LA, Counsel for Defendant/Appellee Ed Melancon.

Travis Ron LeBleu, Egan, Johnson and Stiltner, Baton Rouge, LA, Counsel for DEFENDANT/Appellee La. Workers' Compensation Corp.

Court composed of Judge BILLIE COLOMBARO WOODARD, Judge MICHAEL G. SULLIVAN, and Judge GLENN B. GREMILLION.

GREMILLION, Judge.

The plaintiffs, Shane and Jamie Clavier, appeal the judgment of the trial court granting summary judgment in favor of the defendant, Union Pacific Resources Company. The trial court held that Union Pacific was Shane's statutory employer and, thus, only liable to him for workers' compensation benefits pursuant to La.R.S. 23:1061. For the following reasons, we reverse and remand.

FACTS

On August 17, 1996, Shane, a laydown machine...

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