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PORTALIS v. OUR LADY OF LOURDES REG. MEDIC.

No. 2007-1509.

984 So.2d 197 (2008)

Wilton C. PORTALIS, Jr. v. OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, INC.

Court of Appeal of Louisiana, Third Circuit.

May 14, 2008.

Attorney(s) appearing for the Case

Philip E. Roberts, Leake & Anderson, LLP, Post Office Drawer Z, Lafayette, Louisiana, for Defendant/Appellant, Our Lady of Lourdes Regional Medical Center, Inc.

Janice H. Barber, Attorney at Law, Sulphur, Louisiana, for Plaintiff/Appellee, Wilton C. Portalis, Jr.

Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and JAMES T. GENOVESE, Judges.

SULLIVAN, Judge.

In this workers' compensation case, the employer appeals the award of benefits to the employee, and the employee appeals the denial of penalties and attorney fees. We affirm.

Facts

On April 16, 2006, Wilton C. Portalis, Jr., was employed by Our Lady of Lourdes Regional Medical Center (Lourdes) as a dishwasher. At approximately 7:00 p.m. that evening, a garbage cart Mr. Portalis was pulling tipped over. The cart weighed approximately...

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