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BURNETT v. VILLAGE OF ESTHERWOOD

No. 09-680.

25 So.3d 997 (2009)

James BURNETT, Sr. v. VILLAGE OF ESTHERWOOD.

Court of Appeal of Louisiana, Third Circuit.

December 9, 2009.

Attorney(s) appearing for the Case

Michael B. Miller, Attorney at Law Crowley, LA for Plaintiff-Appellant James Burnett, Sr.

Christopher R. Philipp, Attorney at Law Lafayette, LA for Defendant-Appellee Village of Estherwood.

Court composed of ELIZABETH A. PICKETT, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.

PAINTER, Judge.

Plaintiff, James Burnett, Sr., appeals the judgment of the Workers' Compensation Judge (WCJ) setting the amount of his temporary total disability (TTD) benefits at $34.62 per week. Defendant, the Village of Estherwood, has answered the appeal, asserting that the awards of penalties and attorney's fees imposed by the WCJ is excessive. For the following reasons, we reverse the judgment of the WCJ's setting Burnett's average weekly wage and amount of...

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