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DAVIS v. WAL-MART STORES, INC.

No. 44,621-WCA.

11 So.3d 63 (2009)

Edith S. DAVIS, Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied June 19, 2009.

Attorney(s) appearing for the Case

Street & Street, by C. Daniel Street, Monroe, for Appellee/Movant.

Allen & Gooch, by Frank A. Flynn, Desiree C. Williams, Lafayette, for Appellant/Respondent.

Before STEWART, CARAWAY and LOLLEY, JJ.

The claimant, Edith Davis, has filed a motion to dismiss as untimely this appeal by Wal-Mart from a judgment of the Office of Workers' Compensation (OWC). In this matter, the OWC signed a judgment in favor of the claimant on December 8, 2008, and notice of that judgment was mailed to the parties on December 10, 2008. Wal-Mart did not file a motion for new trial; it filed a motion for appeal on February 13, 2009. The claimant urges that this motion was untimely under the provisions...

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