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HARGRAVE v. STATE EX REL. DOTD

No. 09-818.

35 So.3d 437 (2010)

Ellis HARGRAVE v. STATE of Louisiana, Through DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Third Circuit.

April 7, 2010.

Attorney(s) appearing for the Case

Michael B. Miller, Attorney at Law, Crowley, LA, for Plaintiff/Appellant, Ellis Hargrave.

Sylvia M. Fordice, Assistant Attorney General, Louisiana Department of Justice, Lafayette, LA, for Defendant/Appellant, State of Louisiana, through the Department of Transportation and Development.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, JIMMIE C. PETERS, MARC T. AMY, and DAVID E. CHATELAIN, Judges.

DECUIR, Judge.

In this workers' compensation dispute, the claimant's employer appeals the workers' compensation judge's calculation of the weekly compensation rate and failure to award a credit for overpayment of temporary total disability (TTD) benefits. The employer also questions the amount of attorney fees awarded. The claimant answered and assigned as error the workers' compensation judge's failure to award legal interest.

FACTS

The record indicates...

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