HOOD v. WILL TRANSPORT

No. 40,168-WCW.

917 So.2d 648 (2005)

Darrell HOOD, Plaintiff-Applicant v. WILL TRANSPORT, et al., Defendant-Respondent.

Court of Appeal of Louisiana, Second Circuit.

December 7, 2005.


Attorney(s) appearing for the Case

Alexander Stephan Lyons, for Applicant, Darrell Hood.

Phillip Martin Hendry, Shreveport, for Respondents, Louisiana Workers' Comp Corp. and Will Transport.

Before BROWN, CARAWAY and DREW, JJ.


DREW, J.

At issue is whether the employer's reconventional demand stated a cause of action to recover worker's compensation benefits paid to an employee who tested positive for drugs at the time of the truck crash. La. R.S. 23:1081(1)(b). The worker's compensation judge (WCJ) overruled the claimant's exception of no cause of action after which the claimant filed an application for supervisory review. This court granted claimant's writ application and ordered this...

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