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MATHERNE v. BROWN & ROOT

No. 00-CA-1857.

788 So.2d 550 (2001)

Kaylem MATHERNE v. BROWN & ROOT.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied July 23, 2001.

Attorney(s) appearing for the Case

Juge, Napolitano, Guilbeau, Ruli & Frieman, Frank R. Whiteley, Metairie, LA, Attorney for Appellant Brown & Root.

Sacks & Smith, L.L.C., Michael G. Stag, Stuart H. Smith, New Orleans, LA, Attorney for Appellee Kyle Matherne.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA and PATRICK SCHOTT, Pro Tem.

CANNELLA, Judge.

Defendant, Brown & Root, appeals a workers' compensation judgment finding Plaintiff, Kaylem Matherne, entitled to medical benefits and supplemental earnings benefits (SEBs) due to a toxic chemical exposure, and awarding Plaintiff penalties and attorney's fees for Defendant's arbitrary and capricious failure to provide benefits. We affirm in part and remand for further proceedings.

For several months prior to March 16, 1999, Plaintiff had...

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