Stout v. State ex rel. Louisiana State University

Louisiana Court of Appeal

Stout v. State ex rel. Louisiana State University

915 So. 2d 913, 2004 La.App. 1 Cir. 1105, 2005 La. App. LEXIS 1192, 2005 WL 1051094

Louisiana Court of Appeal·Decided May 6, 2005·No. No. 2004 CA 1105·Published

Opinion

DOWNING, J.

The state appeals an Office of Workers’ Compensation Court (WCC) judgment decreeing that plaintiff was entitled to benefits because of injuries he sustained during a fight with a co-employee on the jobsite. The sole issue for review is whether the WCC was manifestly erroneous in finding that plaintiff was not the “initial physical aggressor in an unprovoked physical- altercation,” pursuant to La.R.S. 23:1081(l)(c), and thus precluded from benefits.

We conclude that the WCC’s oral reasons adequately explain how she made her determinations. A thorough review of the record and the evidence supports her decision. Therefore, we affirm in accordance with Uniform Court of Appeal Rule 2-16.2A(2), (4), (5) and (10). All costs of this appeal in the amount of $646.80 are assessed against plaintiff-appellant, the State of Louisiana, through L.S.U.

AFFIRMED.

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DOWNING, J.

The state appeals an Office of Workers’ Compensation Court (WCC) judgment decreeing that plaintiff was entitled to benefits because of injuries he sustained during a fight with a co-employee on the jobsite. The sole issue for review is whether the WCC was manifestly erroneous in finding that plaintiff was not the “initial physical aggressor in an unprovoked physical- altercation,” pursuant to La.R.S. 23:1081(l)(c), and thus precluded from benefits.

We conclude that the WCC’s oral reasons adequately explain how she made her determinations. A thorough review of the record and the evidence supports her decision. Therefore, we affirm in accordance with Uniform Court of Appeal Rule 2-16.2A(2), (4), (5) and (10). All costs of this appeal in the amount of $646.80 are assessed against plaintiff-appellant, the State of Louisiana, through L.S.U.

AFFIRMED.

Stout v. State ex rel. Louisiana State University, 915 So. 2d 913, 2004 La.App. 1 Cir. 1105, 2005 La. App. LEXIS 1192, 2005 WL 1051094 (La. Ct. App. 2005).

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