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STOUT v. STATE OF LOUISIANA THROUGH LOUISIANA STATE UNIVERSITY

No. 2004 CA 1105.

915 So.2d 913 (2005)

Paul W. STOUT v. STATE OF LOUISIANA THROUGH LOUISIANA STATE UNIVERSITY.

Court of Appeal of Louisiana, First Circuit.

May 6, 2005.

Attorney(s) appearing for the Case

Richard J. Guidry, Baton Rouge, Counsel for Appellee Paul W. Stout.

Gloria Angus-Bolds, Baton Rouge, Counsel for Appellant State of Louisiana.

Before: WHIPPLE, DOWNING and HUGHES, JJ.

DOWNING, J.

The state appeals an Office of Workers' Compensation Court (WCC) judgment decreeing that plaintiff was entitled to benefits because of injuries he sustained during a fight with a co-employee on the jobsite. The sole issue for review is whether the WCC was manifestly erroneous in finding that plaintiff was not the "initial physical aggressor in an unprovoked physical altercation," pursuant to La.R.S. 23:1081(1)(c), and thus precluded from benefits.

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