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DUPREE v. DIXIE CARBONIC, INC.

No. 35,968-CA.

817 So.2d 484 (2002)

James DUPREE, Linda Dupree & Charles Dupree, Plaintiffs-Appellants, v. DIXIE CARBONIC, INC., & The Hartford, in Solido, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

May 10, 2002.

Attorney(s) appearing for the Case

Hammonds & Sills by Jon K. Guice, Monroe, for Appellants.

Noah, Smith & Newman, LLP by Jay B. Mitchell, Monroe, for Appellees.

Before BROWN, WILLIAMS and CARAWAY, JJ.

CARAWAY, J.

In this case, the employee filed a tort claim in district court against his employer and the workers' compensation insurer for refusing his workers' compensation claim for medical benefits for essential surgery. The employee alleges that the defendants' refusal of the medical benefits caused a deterioration of his physical and mental health. The trial court dismissed the employee's claim, concluding that the Louisiana Supreme Court decision of Kelly...

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