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JENKINS v. ROY O. MARTIN LUMBER, INC.

No. 03-1435.

868 So.2d 250 (2004)

Johnny JENKINS v. ROY O. MARTIN LUMBER, INC.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 7, 2004.

Attorney(s) appearing for the Case

John F. Wilkes, III, Borne & Wilkes, L.L.P., Lafayette, LA, for Defendant/Appellant, Roy O. Martin Lumber, Inc.

Russell L. Sylvester, Brittain & Sylvester, LLP, Natchitoches, LA, for Plaintiff/Appellee, Johnny Jenkins.

Court composed of SYLVIA R. COOKS, MARC T. AMY, and ELIZABETH A. PICKETT, Judges.

AMY, Judge.

The claimant seeks workers' compensation benefits associated with what he contends is a progression of a previous work-related injury. The workers' compensation judge found in favor of the employee, awarding benefits, penalties, and attorney's fees. The defendant's affirmative defense under La.R.S. 23:1208 was denied. The employer appeals. For the following reasons, we affirm.

Factual and Procedural Background

According to stipulations...

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