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RICHARD v. QUALITY CONSTRUCTION

18-965.

275 So.3d 328 (2019)

Steve RICHARD v. QUALITY CONSTRUCTION AND PRODUCTION, LLC and Zurich American Insurance Company.

Court of Appeal of Louisiana, Third Circuit.

June 5, 2019.

Attorney(s) appearing for the Case

Elizabeth Smyth Rambin , Comeaux, Stephens & Grace, One Lakeway Center, 3900 North Causeway Boulevard, Suite 1060, Metairie, LA 70002, (504) 831-3747, COUNSEL FOR DEFENDANTS/APPELLEES: Quality Construction and Production, LLC Zurich American Insurance Company.

Jennifer B. Valois , Janice H. Barber , Barber Law Firm, 111 Mercury Street, Lafayette, LA 70503, (337) 232-9893, COUNSEL FOR PLAINTIFF/APPELLANT: Steve Richard.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, and Phyllis M. Keaty, Judges.

This is a workers' compensation case wherein a claimant was involved in a one-vehicle accident. The employer raised the defense of intoxication. The WCJ found that the employee was intoxicated at the time of the accident and forfeited his benefits under La.R.S. 23:1081(1)(b), but that the employee was entitled to a penalty and an...

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