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COTTON v. FIRST FLEET

No. 2008-1363.

7 So.3d 155 (2009)

Cherry D. COTTON v. FIRST FLEET.

Court of Appeal of Louisiana, Third Circuit.

April 1, 2009.

Attorney(s) appearing for the Case

George A. Flournoy, Flournoy & Doggett (APLC), Alexandria, LA, for Plaintiff/Appellant, Cherry D. Cotten.

Robert A. Dunkelman, Pettiette, Armand, Dunkelman, Woodley, Byrd & Cromwell, L.L.P., Shreveport, LA, for Defendant/Appellee, First Fleet.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, J. DAVID PAINTER, and SHANNON J. GREMILLION, Judges.

THIBODEAUX, Chief Judge.

Plaintiff-appellant, Cherry D. Cotten, asserts that the Office of Workers' Compensation (OWC) erred by failing to include the value of certain fringe benefits in the calculation of Cotten's average weekly wage (AWW) to determine Cotten's indemnity benefits. The OWC agreed with the defendant First Fleet's position that this court's previous remand for recalculation of the AWW was limited to establishing the number of days Cotten worked during...

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