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BOISE CASCADE CORP. v. DEAN

No. 99-1356.

767 So.2d 76 (2000)

BOISE CASCADE CORPORATION v. Earnest L. DEAN.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 26, 2000.

Writ Denied November 13, 2000.

Attorney(s) appearing for the Case

Russell L. Sylvester, Brittain and Sylvester, Natchitoches, Counsel for Plaintiff —Appellee—Appellant.

George A. Flournoy, Fuhrer, Flournoy, Hunter and Morton, Alexandria, Counsel for Defendant—Appellant—Appellee.

(Court composed of JOHN D. SAUNDERS, BILLIE COLOMBARO WOODARD and ELIZABETH A. PICKETT, Judges.)

SAUNDERS, Judge.

This matter arises from a workers' compensation matter wherein the Defendant, during his employ with Boise Cascade, worked as a twin resaw operator and was injured. Boise Cascade sought to terminate the Defendant's compensation benefits, asserting that the Defendant was intoxicated after he tested positive for marijuana, that Defendant did not use proper safety procedures, and that Defendant committed fraud under La.R.S. 23:1208. The Defendant then...

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