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MARTINEZ v. BOH BROS. CONST.

No. 2003 CA 1718.

879 So.2d 850 (2004)

Jose J. MARTINEZ v. BOH BROS. CONSTRUCTION.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 31, 2004.

Attorney(s) appearing for the Case

Michelle Sorrells, Baton Rouge, Counsel for Appellee Jose J. Martinez.

Richard Vale, Pamela Nova, Metairie, Counsel for Appellant Boh Bros. Construction.

Before: PETTIGREW, DOWNING, and McCLENDON, JJ.

McCLENDON, J.

In this workers' compensation case, the employer appeals, asserting solely that the Office of Workers' Compensation erred in awarding benefits as the employee intentionally made fraudulent statements to obtain benefits in violation of LSA-R.S. 23:1208. For the following reasons, we reverse.

On July 16, 2001, Jose Martinez, a carpenter working for Boh Bros. Construction Company, allegedly injured his right shoulder while removing nails from pieces...

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