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WARE v. MITCHELL

No. 05-1289.

928 So.2d 699 (2006)

Delwin WARE v. Allen MITCHELL d/b/a Wheel & Tire Design 2.

Court of Appeal of Louisiana, Third Circuit.

April 12, 2006.

Attorney(s) appearing for the Case

Michael B. Miller, Crowley, LA, for Plaintiff/Appellee, Delwin Ware.

Marcus A. Allen, Sr., Lafayette, LA, for Defendant/Appellant, Allen Mitchell d/b/a Wheel & Tire Design 2.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and JAMES T. GENOVESE, Judges.

COOKS, Judge.

Delwin Ware alleged he was injured in an automobile accident while engaged in the course and scope of his employment with Wheel & Tire Design 2. When the employer did not pay benefits, Mr. Ware filed a workers' compensation claim against Allen Mitchell d/b/a Wheel & Tire Design 2. Trial was set for January 27, 2005. On that date, the parties met in the workers' compensation judge's office. When she realized Mr. Mitchell was not yet represented...

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