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HART v. HIGHLINES CONST. CO., INC.

No. 13-624.

127 So.3d 1053 (2013)

Jason HART v. HIGHLINES CONSTRUCTION CO., INC., et al.

Court of Appeal of Louisiana, Third Circuit.

December 11, 2013.

Attorney(s) appearing for the Case

Eric J. Waltner , Allen & Gooch, Lafayette, Louisiana, for Defendants/Appellees, The Gray Insurance Company Highlines Construction Company, Inc.

Robert L. Beck, III , Law Offices of Robert L. Beck, Jr., LLC, Alexandria, Louisiana, for Plaintiff/Appellant, Jason Hart.

Court composed of JOHN D. SAUNDERS, SHANNON J. GREMILLION, and PHYLLIS M. KEATY, Judges.

KEATY, Judge.

The issue in this workers' compensation case is whether La.R.S. 23:1201.4 precludes an incarcerated claimant from filing a claim to establish his right to collect workers' compensation benefits upon his release from incarceration. Because we answer that question in the negative, we reverse the judgment of the workers' compensation judge (WCJ) sustaining exceptions filed by the claimant's employer and its insurer.

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