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INTERSTATE BRANDS CORP. v. GALLOW

No. 2004 CA 0916.

927 So.2d 395 (2005)

INTERSTATE BRANDS CORPORATION v. Wilson GALLOW, Jr., Donald J. Mayeaux, Jr., Remi Gautreau, State Farm Insurance, and Lumbermens Mutual Casualty Company.

Court of Appeal of Louisiana, First Circuit.

November 4, 2005.

Attorney(s) appearing for the Case

Gregory S. Unger, Metairie, Counsel for Plaintiff/Appellant Interstate Brands Corporation.

Steve Joffrion, Prairieville, Counsel for Defendant/Appellee Wilson Gallow, Jr.

Cherie T. Burlett, New Orleans, Counsel for Defendant/Appellee Lumbermens Mutual Casualty Co.

Elizabeth B. Powell, Baton Rouge, Counsel for Defendant/Appellee Remi Gautreau, Donald J. Mayeaux, & State Farm Mutual Automobile Insurance Company.

Before: CARTER, C.J., WHIPPLE, DOWNING, McCLENDON and HUGHES, JJ.

WHIPPLE, J.

This appeal presents the issue of whether an employer is entitled to reimbursement from its own uninsured/underinsured motorist carrier for workers' compensation benefits paid to an employee injured in an automobile accident. For the reasons that follow, we vacate and remand.

FACTS AND PROCEDURAL HISTORY

Wilson Gallow, Jr., was injured on February 18, 2002 in a motor vehicle accident arising out of the course and scope of his employment...

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