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STATE, OFFICE OF RISK MANAGEMENT v. RICHARD

No. 12-1247.

112 So.3d 936 (2013)

STATE, OFFICE OF RISK MANAGEMENT, LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT v. Patrick RICHARD.

Court of Appeal of Louisiana, Third Circuit.

March 20, 2013.

Attorney(s) appearing for the Case

Michael B. Miller , Miller & Miller, Crowley, LA, for Defendant/Appellant, Patrick Richard.

Sylvia M. Fordice , Louisiana Department of Justice, Division of Risk Litigation, Assistant Attorney General, Lafayette, LA, for Plaintiff/Appellee, State, Office of Risk Management, Louisiana Department of Transportation & Development.

Court composed of ELIZABETH A. PICKETT, J. DAVID PAINTER, and PHYLLIS M. KEATY, Judges.

KEATY, Judge.

Employee appeals from a judgment rendered by the workers' compensation's judge (WCJ) denying his exception of prescription and finding that his employer is entitled to a $224.05 per week offset/credit against his workers' compensation benefits until he converts to regular retirement benefits, retroactive to April 21, 2007, and until his employer recoups its overpayment. Employee further appeals from a judgment denying his motion for new trial. For the...

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