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STEWART v. BOH BROS. CONST. CO., L.L.C.

No. 13-CA-193.

128 So.3d 398 (2013)

Antonio D. STEWART v. BOH BROS. CONSTRUCTION CO., L.L.C., ABC Insurance Company, and John Doe/Bob Doe.

Court of Appeal of Louisiana, Fifth Circuit.

October 9, 2013.

Attorney(s) appearing for the Case

John W. Redmann , Edward L. Moreno , Patrick B. Sanders , Attorneys at Law, Metairie, LA, for Plaintiff/Appellant.

Richard S. Vale , Eric E. Pope , Pamela Noya Molnar , Attorneys at Law, Metairie, LA, for David T. Butler, Jr., Attorney At Law, Baton Rouge, LA, Defendant/Appellee.

Panel composed of Judges SUSAN M. CHEHARDY, JUDE G. GRAVOIS, and ROBERT M. MURPHY.

JUDE G. GRAVOIS, Judge.

Plaintiff, Antonio Stewart, appeals a trial court judgment that found defendant, Boh Bros. Construction Company, L.L.C. ("Boh Bros."), to be his statutory employer, thus limiting his remedy against Boh Bros. to workers' compensation benefits, rather than potential tort recovery. Intervenor, Lemic Insurance Company ("Lemic"), the workers' compensation carrier of plaintiff's direct employer, Cabal Industries ("Cabal"), answered the appeal, also...

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