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CORMIER v. LOUISIANA SOUTHWEST SCRAP

No. WCA 04-321.

888 So.2d 1117 (2004)

David CORMIER v. LOUISIANA SOUTHWEST SCRAP & SALVAGE.

Court of Appeal of Louisiana, Third Circuit.

December 1, 2004.

Attorney(s) appearing for the Case

Michael Benny Miller, Miller & Miller, Crowley, LA, for Secondary Plaintiff/Appellant, David Cormier.

Patrick Daniel, Jr., Galloway, Johnson, et al, Lafayette, LA, for Defendant/Appellant, Louisiana Southwest Scrap & Salvage.

Court composed of Chief Judge ULYSSES G. THIBODEAUX, BILLIE COLOMBARO WOODARD, and OSWALD A. DECUIR, Judges.

WOODARD, Judge.

David Cormier was injured while unloading a customer's scrap hauling truck at Louisiana Southwest Scrap and Salvage (Southwest). Southwest denied workers' compensation benefits, alleging Mr. Cormier was an independent contractor. The workers' compensation judge found that he was an employee and awarded benefits, penalties, and attorney fees. We amend the judgment to award interest, as well as to award a penalty for failing to provide medical treatment...

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