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SPENCE v. EXCELSIOR ENDEAVORS & DEVELOPMENT, INC.

No. 2012-CA-0616.

125 So.3d 464 (2012)

Shane SPENCE, v. EXCELSIOR ENDEAVORS & DEVELOPMENT, INC., and Louisiana Homebuilders Self-Insurers Fund.

Court of Appeal of Louisiana, Fourth Circuit.

October 17, 2012.

Attorney(s) appearing for the Case

Charles E. Sutton, Jr. , Michael B. Alker , Sutton & Alker & Rather, L.L.C., Mandeville, LA, for Plaintiff/Appellee.

Stephen W. Glusman , Glusman, Broyles & Glusman, LLC, Baton Rouge, LA, for Defendant/Appellant.

Court composed of Judge EDWIN A. LOMBARD, Judge MADELEINE M. LANDRIEU, Judge ROSEMARY LEDET.

EDWIN A. LOMBARD, Judge.

The defendants, Excelsior Endeavors and Development, Inc. and Louisiana Homebuilders Association, appeal the judgment of the Office of Workers' Compensation granting the plaintiff, Shane Spence, his claim for benefits under the Louisiana Workers' Compensation Act. The Workers' Compensation Judge (the WCJ) ruled that the plaintiff had overcome the presumption of intoxication and that the plaintiff had not violated the provision

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