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RANDAZZO v. BOH BROS. CONST. CO.

No. 2001-CA-1953.

814 So.2d 671 (2002)

Alexander RANDAZZO v. BOH BROTHERS CONSTRUCTION CO.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied June 14, 2002.

Attorney(s) appearing for the Case

Frank A. Bruno, New Orleans, LA, for Plaintiff/Appellee.

Christopher M. Landry, William Cruse, Blue Williams, L.L.P., Metairie, LA, for Defendant/Appellant.

Court composed of Judge MIRIAM G. WALTZER, Judge PATRICIA RIVET MURRAY, and Judge MICHAEL E. KIRBY.

WALTZER, Judge.

Boh Brothers appeals a judgment against it awarding worker's compensation benefits to a retired employee. Worker's compensation benefits were paid to the injured employee, Alexander Randazzo, from 1994 until 1999, including 104 weeks of benefits after Randazzo had retired. The trial court awarded additional benefits, finding that Randazzo had not retired within the meaning of LSA-R.S. 23:1221(3)(d)(iii), and Boh Brothers appeals this judgment.

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