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SMITH v. PACKAGING CORP. OF AMERICA

22-171.

354 So.3d 132 (2022)

Lyman L. SMITH v. PACKAGING CORPORATION OF AMERICA.

Court of Appeal of Louisiana, Third Circuit.

November 30, 2022.

Attorney(s) appearing for the Case

Phillip E. Foco , Bienvenu, Bonnecaze, Foco & Viator, LLC, 4210 Bluebonnet Blve., Baton Rouge, Louisiana 70809, (225) 388-5600, COUNSEL FOR EMPLOYER/APPELLANT: Packaging Corporation of America.

Max Malvin , Malvin Law, LLC, 201 St. Charles Ave., Suite 2500, New Orleans, Louisiana 70170, (504) 383-0895, COUNSEL FOR EMPLOYER/APPELLANT: Packaging Corporation of America.

Thomas A. Filo , Cox, Cox, Filo, Camel & Wilson, L.L.C., 723 Broad Street, Lake Charles, Louisiana 70601, (337) 436-6611, COUNSEL FOR CLAIMANT/APPELLEE: Lyman L. Smith.

Court composed of Billy Howard Ezell, Jonathan W. Perry, and Gary J. Ortego, Judges.

In this workers' compensation case, the issue before us is whether a former employee can claim and receive supplemental earnings benefits ("SEBs") after retirement, even if the employee admitted his retirement was an independent decision and not related to the workplace injury.

FACTS AND PROCEDURAL HISTORY

The employment...

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