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BARNES v. BECHTEL GROUP, INC.

No. 03-CA-1484.

873 So.2d 735 (2004)

Clarence BARNES v. BECHTEL GROUP, INC. and Industrial Underwriters.

Court of Appeal of Louisiana, Fifth Circuit.

April 13, 2004.

Attorney(s) appearing for the Case

Darleen M. Jacobs, Al Ambrose Sarrat, Jacobs & Sarrat, New Orleans, LA, for Plaintiff/Appellee.

Jeffrey C. Napolitano, Juge, Napolitano, Guilbeau, Ruli & Frieman, Metairie, LA, for Defendants/Appellants.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SOL GOTHARD, and THOMAS F. DALEY.

THOMAS F. DALEY, Judge.

Defendant, Bechtel Group (Bechtel), appeals the trial court's judgment that found claimant, Clarence Barnes (Barnes), entitled to permanent and total disability benefits. On appeal, Bechtel argues that the trial court applied the wrong burden of proof to Barnes's claim. Bechtel argues that Barnes did not meet his burden of proving entitlement to permanent and total disability benefits by clear and convincing evidence and unaided by any presumption...

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