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TILLERY v. STATE, DEPT. OF PUBLIC SAFETY

No. 2007 CA 1228.

984 So.2d 742 (2008)

Kenneth TILLERY v. STATE of Louisiana through the DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, Dixon Correctional Institute and through the Office of the Governor, Division of Administration, Office of Risk Management.

Court of Appeal of Louisiana, First Circuit.

February 8, 2008.

Attorney(s) appearing for the Case

William R. Mustian, III, Metairie, LA, for Plaintiff/Appellee, Kenneth Tillery.

Charles C. Foti, Jr., Attorney General, Gary J. Beauchamp, Assistant Attorney General, Baton Rouge, Louisiana, for Defendant/Appellant, State of Louisiana through the Department of Public Safety and Corrections and through the Office of the Governor, Division of Administration, Office of Risk Management.

Before WHIPPLE, GUIDRY, and HUGHES, JJ.

GUIDRY, J.

A state agency appeals a decision of the Office of Workers' Compensation Administration awarding claimant permanent, total disability indemnity benefits, and the claimant answered the appeal seeking an award of medical benefits. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On New Year's Day 1993, the claimant, Kenneth Tillery, fell down a flight of stairs at the Dixon Correctional Institute in Jackson, Louisiana...

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