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COURVILLE v. SCI LOUISIANA FUNERAL SERVICE

No. 06-1441.

952 So.2d 903 (2007)

Dudley COURVILLE v. SCI LOUISIANA FUNERAL SERVICE.

Court of Appeal of Louisiana, Third Circuit.

March 7, 2007.

Attorney(s) appearing for the Case

M. Terrance Hoychick, Hoychick & Aguillard, L.L.P., Eunice, LA, for Plaintiff/Appellant: Dudley Courville.

Roger A. Javier, Donovan J. O'Pry, II, Jeansonne & Remondet, L.L.C., Lafayette, LA, for Defendant/Appellee: SCI Louisiana Funeral Service.

Court composed of JOHN D. SAUNDERS, GLENN B. GREMILLION, and J. DAVID PAINTER, Judges.

GREMILLION, Judge.

The plaintiff, Dudley Courville, appeals from the workers' compensation judge's judgment denying his motion for summary judgment and in finding that he violated La.R.S. 23:1208 by misrepresenting that he was unable to perform the type of work entailed by his position with the defendant, SCI Louisiana Funeral Service. For the following reasons, we reverse, render, and remand.

FACTS

Courville was employed by SCI to perform handyman...

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