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FLENIKEN v. SAFEWAY TRANSP., INC.

No. 2002 CA 2389.

859 So.2d 50 (2003)

Wilburn M. FLENIKEN, II v. SAFEWAY TRANSPORTATION, INC.

Court of Appeal of Louisiana, First Circuit.

July 2, 2003.

Attorney(s) appearing for the Case

Stacey Moak, Douglas Chapoton, Baton Rouge, Counsel for Plaintiff/Appellant Wilburn M. Fleniken, II.

John J. Rabalais, Max K. Jones, Jr., Covington, Counsel for Defendant/Appellee Safeway Transportation, Inc.

Before: KUHN, DOWNING and GAIDRY, JJ.

DOWNING, J.

Wilburn M. Fleniken, II, appeals a judgment rendered by the Workers' Compensation Judge (WCJ)1 dismissing Fleniken's claim for attorney fees under La. R.S. 23:1103(C) (hereinafter referred to as Moody fees),2 against his employer, Safeway Transportation, Inc. (Safeway). The WCJ ruled it lacked subject matter jurisdiction over Moody fee claims. We agree and for the following reasons affirm the judgment...

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