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BOX v. CITY OF BATON ROUGE

No. 2002 CA 0198.

844 So.2d 405 (2003)

Arthur Douglas BOX v. CITY OF BATON ROUGE, Parish of East Baton Rouge Risk Management.

Court of Appeal of Louisiana, First Circuit.

April 2, 2003.

Attorney(s) appearing for the Case

Phil E. Miley, Baton Rouge, Counsel for Plaintiff/Appellee Arthur Douglas Box.

Eugene Booth, Baton Rouge, Counsel for Defendant/Appellant City of Baton Rouge, Parish of East Baton Rouge Risk Management.

Before: KUHN, DOWNING and GAIDRY, JJ.

ON APPLICATION FOR REHEARING

GAIDRY, J.

The City of Baton Rouge (the City) appealed the decision of the Office of Workers' Compensation (OWC) finding that plaintiff Arthur Box's claim for benefits had not prescribed and awarding Box medical benefits. Box answered the appeal and asserted that the workers' compensation judge (WCJ) erred in failing to award penalties and attorney fees under La. R.S. 23:1201(F).

This court found that there was...

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