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RUSSELL v. TMT TRANSP. CORP.

No. 37,462-WCA.

852 So.2d 1196 (2003)

Arthur RUSSELL, Jr., Plaintiff-Appellee, v. TMT TRANSPORTATION CORP. and Clarendon National Insurance Co., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

August 20, 2003.

Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by S. Price Barker, Rebecca Lear Castillo, Shreveport, for Appellants.

Law Offices of Jack M. Bailey, Jr. by Jack M. Bailey, Jr., J. Allen Cooper, Jr., Mary Lou Salley, Shreveport, for Appellee.

Before BROWN, CARAWAY and TRAYLOR (Pro Tempore), JJ.

CARAWAY, J.

This dispute concerns a worker's compensation claim arising out of the hiring of the plaintiff as an independent contractor. The plaintiff's claim must rest upon the manual labor exception to the independent contractor rule under the Worker's Compensation Act. The defendants challenged the claim as premature based upon an arbitration provision in the parties' contract. The worker's compensation judge ("WCJ") denied defendants' exception of prematurity...

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