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PATRICK v. WAL-MART, INC. — STORE NO. 155

No. 11-60217.

681 F.3d 614 (2012)

Teresa G. PATRICK, Plaintiff-Appellant, v. WAL-MART, INCORPORATED — STORE # 155; National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 17, 2012.

Attorney(s) appearing for the Case

Lawrence J. Hakim (argued), Charles Baglan & Associates, Batesville, MS, for Plaintiff-Appellant.

LeAnn Walber Nealey (argued), Arthur D. Spratlin, Jr. , Butler, Snow, O'Mara, Stevens & Cannada, P.L.L.C., Ridgeland, MS, Melody I. McAnally , Butler, Snow, O'Mara, Stevens & Cannada, P.L.L.C., Memphis, TN, for Defendant-Appellee.

Before JONES, Chief Judge, and PRADO and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

The issue before us is whether a claim for a bad faith denial of workers' compensation benefits was untimely brought by the worker. We agree with the district court that it was, and AFFIRM.

FACTUAL AND PROCEDURAL HISTORY

Teresa G. Patrick suffered a lower-back injury on July 28, 1997, while stocking shelves in a Wal-Mart in Senatobia, Mississippi. Wal-Mart's workers' compensation carrier, National Union Fire Insurance...

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