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ABATE v. CITY OF ABBEVILLE

No. WCA 02-297.

827 So.2d 604 (2002)

Phillip ABATE, Jr. v. CITY OF ABBEVILLE.

Court of Appeal of Louisiana, Third Circuit.

October 2, 2002.

Attorney(s) appearing for the Case

Daniel E. Broussard, Jr., Broussard, Bolton, Halcomb & Vizzier, Alexandria, LA, for Plaintiff/Appellee Phillip Abate, Jr.

Jeffrey J. Warrens, Johnson, Stiltner & Rahman, Lafayette, LA, for Defendants/Appellants City of Abbeville, Louisiana Workers' Compensation Corporation.

Court composed of BILLIE COLOMBARO WOODARD, OSWALD A. DECUIR, and MICHAEL G. SULLIVAN, Judges.

WOODARD, Judge.

In this workers' compensation case, Captain Phillip Abate worked for the City of Abbeville Fire Department (the City) for 35 years. Shortly after a stroke-induced retirement, he began to suffer from heart problems which necessitated bypass surgery. Consequently, he filed a claim under La.R.S. 33:2581, the Firefighter's Heart and Lung Act. After a hearing on the merits, the workers' compensation judge (WCJ...

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