MILLER v. FIDELITY ASSOCIATES, INC.

No. 2004 CA 2218.

927 So.2d 393 (2005)

Dennis MILLER v. FIDELITY ASSOCIATES, INC.

Court of Appeal of Louisiana, First Circuit.

November 4, 2005.


Attorney(s) appearing for the Case

Michelle Sorrells, Baton Rouge, for Plaintiff-Appellant, Dennis Miller.

John J. Rabalais, Janice B. Unland, Robert T. Lorio, David S. Pittman, Covington, for Defendant-Appellee, Fidelity Associates, Inc.

Before: CARTER, C.J., DOWNING, and GAIDRY, JJ.


CARTER, C.J.

In this District 5 workers' compensation case, the claimant, Dennis Miller, alleged that he had injured his lower back after he descended a flight of stairs at the end of a sales call on November 13, 2002. The claimant sued his employer, Fidelity Associates, Inc., for benefits. The workers' compensation judge (WCJ) made a credibility determination regarding the claimant's version of the accident based upon his inconsistent testimony at trial, in his recorded...

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