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SMITH v. KINDER RETIREMENT AND REH. CENTER

No. 2006-1480.

954 So.2d 365 (2007)

Ella Mae SMITH v. KINDER RETIREMENT AND REHABILITATION CENTER.

Court of Appeal of Louisiana, Third Circuit.

April 4, 2007.

Attorney(s) appearing for the Case

Marcus Miller Zimmerman, Lake Charles, LA, for Plaintiff/Appellee — Ella Mae Smith.

Craig Alan Davis, Lafayette, LA, for Defendant/Appellant — Kinder Retirement and Rehabilitation Center.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MARC T. AMY, and GLENN B. GREMILLION, Judges.

THIBODEAUX, Chief Judge.

This case involves a workers' compensation claim brought by the claimant, Ella Mae Smith ("Mrs. Smith"), against her employer, Kinder Retirement and Rehabilitation Center ("Kinder"). In October 2003, Mrs. Smith suffered a heart attack while attempting to transport and single-handedly clean feces from a handicapped and disoriented male resident following an incident in a men's room in New Orleans. The Office of Workers' Compensation ("OWC"...

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