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Academy, Ltd. v. Smith

Court of Appeals of Louisiana, Third Circuit

June 1, 2017

ACADEMY, LTD.
v.
DAVITA SMITH

         APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION - # 4 PARISH OF LAFAYETTE, NO. 10-03420 SHARON MORROW, WORKERS' COMPENSATION JUDGE

         Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, and Marc T. Amy, Judges.

          Bryan D. Scofield Scofield & Rivera, LLC COUNSEL FOR: Plaintiff/Appellee - Academy, LTD

          Davita Smith In Proper Person Defendant/Appellantt - Davita Smith.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE.

         An on-the-job injury occurred on August 24, 2007, while Plaintiff, Ms. Davita Smith, was employed by the Defendant, Academy Sports and Outdoors ("Academy") in Lafayette, Louisiana. Ms. Smith appeals a trial court judgment denying her additional workers' compensation benefits for that accident. Based on stipulations in the record, the primary issues on appeal are whether Ms. Smith is entitled to ongoing medical treatment and whether Academy is responsible for penalties and attorney fees due to the termination of benefits.

         For the following reasons, we affirm the judgment of the trial court.

         I.

         ISSUE

         We must determine:

(1) whether Ms. Smith is entitled to continued medical treatment; and
(2) whether Academy is responsible for penalties and attorney fees due to termination of benefits. [1]

         II.

         STANDARD ...


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