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ARABIE BROS. TRUCKING CO. v. GAUTREAUX

No. 2012 CA 0849.

111 So.3d 1088 (2012)

ARABIE BROTHERS TRUCKING CO. & American Interstate Insurance Co. v. Mary GAUTREAUX (Substituted Party) o/b/o Patrick Gautreaux (Deceased) & Graham Neill, Individually & as Owner of A & G Tree & Stump Removal and A & G Tree & Stump Removal.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 6, 2013.

Attorney(s) appearing for the Case

Michael L. Hebert , Baton Rouge, LA, for Defendant/Appellant Mary Gautreaux.

Lawrence B. Frieman , Metairie, LA, for Plaintiffs/Appellees Arabie Brothers Trucking Co. and American Interstate Ins. Co.

Graham Neill, Montegut, LA, for Appellee In Proper Person A & G Tree & Stump Removal.

Before WHIPPLE, McCLENDON, and HIGGINBOTHAM, JJ.

McCLENDON, J.

In this workers' compensation case, the deceased claimant's legal successor appeals a judgment awarding medical and indemnity benefits, but denying penalties and attorney fees. For the reasons that follow, we amend in part, and, as amended, affirm.

FACTUAL AND PROCEDURAL HISTORY

On January 27, 2000, Patrick Gautreaux was seriously injured when a large tree, which he was cutting, fell, crushing him to the ground. Mr. Gautreaux remained...

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