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McMILLAN v. CITY OF MONROE

No. 47,700-WCA.

108 So.3d 869 (2013)

Vernon McMILLAN, Plaintiff-Appellant v. CITY OF MONROE, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

January 16, 2013.

Attorney(s) appearing for the Case

Street & Street, by C. Daniel Street , Monroe, LA, for Appellant.

Hammonds & Sills, by Courtney T. Joiner , Angie D. Baldwin , Assistant City Attorney, for Appellee.

Before STEWART, CARAWAY and LOLLEY, JJ.

CARAWAY, J.

A retired Monroe firefighter was denied Workers' Compensation benefits under the Firefighter's Heart and Lung Statute, La. R.S. 33:2581. He filed a disputed claim for compensation with the Office of Worker's Compensation. The Workers' Compensation Judge ("WCJ") awarded medical benefits and reimbursement costs for out-of-pocket expenses relating to his heart condition, but denied penalties and attorney fees. This appeal solely concerns the denial of penalties...

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