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KIRBY v. M.L. SMITH, JR., INC.

No. 30841-WCA.

716 So.2d 933 (1998)

Michael KIRBY, Plaintiff-Appellant, v. M.L. SMITH, JR., INC., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

August 19, 1998.

Attorney(s) appearing for the Case

Robert G. Foley, Monroe, for Plaintiff-Appellant.

Patricia L. Barfield, Baton Rouge, for Defendant-Appellee.

Before BROWN, CARAWAY and PEATROSS, JJ.

PEATROSS, Judge.

In this workers' compensation action, claimant Michael Kirby ("Kirby") appeals a judgment in which the Workers' Compensation Hearing Officer denied him compensation benefits. The issue on appeal is whether the hearing officer erred in finding that Kirby was engaged in horseplay which led to his injury. Since we find the evidence does not support a finding that Kirby was engaged in horseplay at the time of...

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