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CHAMPAGNE v. PHS INDUSTRIES

No. 07-CA-31.

960 So.2d 1122 (2007)

Charles CHAMPAGNE v. PHS INDUSTRIES and CNA Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

May 29, 2007.

Attorney(s) appearing for the Case

Jeremiah A. Sprague, Kenneth M. Waguespack, Jr., Falcon Law Firm, Attorneys at Law, Marrero, LA, for Plaintiff/Appellant.

Kevin A. Marks, Randy J. Hoth, Galloway, Johnson, Tompkins Burr & Smith, Attorneys at Law, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges CLARENCE E. McMANUS, WALTER J. ROTHSCHILD and GREG G. GUIDRY.

CLARENCE E. McMANUS, Judge.

STATEMENT OF THE CASE

Charles Champagne, claimant, was employed by PHS Industries, Inc. as a pipe fitter. On September 20, 2002, Champagne injured his lower back while in the course and scope of his employment. He was repairing a forklift when he lifted the fork from the floor, it was top heavy and slipped and he caught the full weight with his lower back. As a result, Champagne hurt his lower back. He reported the injury...

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