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SMITH v. CITY OF VIDALIA

No. 11-1358.

86 So.3d 157 (2012)

James SMITH v. CITY OF VIDALIA.

Court of Appeal of Louisiana, Third Circuit.

March 7, 2012.

Attorney(s) appearing for the Case

C. Daniel Street , Monroe, LA, for Plaintiff/Appellant, James Smith.

Brian P. Bowes , Margaret Blackwell , Hudson, Potts & Bernstein, L.L.P., Monroe, LA, for Defendant/Appellee, City of Vidalia.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and MARC T. AMY, Judges.

DECUIR, Judge.

James Smith filed this workers' compensation claim against his employer, the City of Vidalia, seeking medical authorization for a diskogram to be performed. By the time of trial, the recommended diskogram had been authorized, but the claimant sought penalties and attorney fees for the delay. Additionally, the employer contested the allegation of a work-related accident, suggesting that the claimant fabricated the unwitnessed accident. After trial on...

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