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BENOIT v. TURNER INDUSTRIES GROUP, LLC

No. 10-1460.

63 So.3d 443 (2011)

Jerry Wayne BENOIT v. TURNER INDUSTRIES GROUP, LLC.

Court of Appeal of Louisiana, Third Circuit.

May 4, 2011.

Attorney(s) appearing for the Case

B. Scott Cowart , Sammie Maurice Henry , Taylor, Wellons, Politz & Duhe, APLC, Baton Rouge, LA, for Defendant/Appellant, Turner Industries Group, LLC.

Charles B. Cappel , Baggett, McCall, Burgess, Watson & Gaughan, Lake Charles, LA, for Plaintiff/Appellee, Jerry Wayne Benoit.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and JOHN D. SAUNDERS, Judges.

THIBODEAUX, Chief Judge.

This is a workers' compensation case. The employer, Turner Industries, appeals a judgment in favor of the plaintiff's widow, Marlene Benoit, which awarded indemnity benefits as well as penalties and attorney fees in connection with Jerry Wayne Benoit's development of acute myeloid leukemia (AML) caused by exposure to benzene.

In awarding benefits to Mrs. Benoit, the Workers' Compensation Judge (WCJ) found a causal link between Mr....

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