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LUMPKIN v. A.B.E.L. TRUCKING OF LOUISIANA

No. 10-0054.

40 So.3d 422 (2010)

Manuel LUMPKIN v. A.B.E.L. TRUCKING OF LOUISIANA LLC.

Court of Appeal of Louisiana, Third Circuit.

June 2, 2010.

Attorney(s) appearing for the Case

William A. Repaske, Landry, Watkins, Repaske & Breaux, New Iberia, LA, for Plaintiff/Appellee, Manuel Lumpkin.

Amanda H. Carmon, Johnson, Stiltner & Rahman, Baton Rouge, LA, for Defendants/Appellants, A.B.E.L. Trucking of Louisiana, LLC, and Louisiana Workers' Compensation Corporation.

Court composed of JOHN D. SAUNDERS, JIMMIE C. PETERS, and ELIZABETH A. PICKETT, Judges.

PETERS, J.

The defendant, A.B.E.L. Trucking of Louisiana LLC (A.B.E.L.), appeals the judgment of the workers' compensation judge (WCJ) classifying the plaintiff, Manuel Lumpkin, Jr., as a commission worker for the purpose of determining his indemnity benefits pursuant to the Workers' Compensation Act. For the following reasons, we affirm the WCJ's judgment.

DISCUSSION OF THE RECORD

The facts of this matter are not in dispute and were stipulated to...

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