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SCARDINO v. LUBA

No. 11-CA-645.

92 So.3d 936 (2012)

Donald SCARDINO v. LUBA and Favalora Constructors, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

April 10, 2012.

Attorney(s) appearing for the Case

William Ken Hawkins , Attorney at Law, Ponchatoula, LA, for Plaintiff/Appellee.

Wade A. Langlois, III , Attorney at Law, Gretna, LA, for Defendant/Appellant.

Panel composed of Judges JUDE G. GRAVOIS, MARC E. JOHNSON, and ROBERT A. CHAISSON.

ROBERT A. CHAISSON, Judge.

This is an appeal by Favalora Constructors, Inc., an employer, and LUBA, its insurer, from a judgment in this workers' compensation action awarding benefits, penalties and attorney fees to Donald Scardino, an employee injured in a workplace accident. For the following reasons, we affirm the award of benefits, but vacate the awards for penalties and attorney fees.

Mr. Scardino spent most...

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