WCA-0015-0181 Nonprecedential Reversed and remanded Processed

Estate of Shellie Belaire, Thru Larry Joseph Wiltz, Jr. Obo Minor Son, O. J. W. v. Crawfish Town, USA

Louisiana Court of Appeal, Third Circuit · Filed December 9, 2015

Also decided on this docket: La. Ct. App. 3d Cir., January 27, 2016

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

15-181 consolidated with 15-180

ESTATE OF SHELLIE BELAIRE (LARRY JOSEPH WILTZ, JR. ON
BEHALF OF MINOR SON O.J.W.)

VERSUS

CRAWFISH TOWN USA, ET AL.

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APPEAL FROM THE
OFFICE OF WORKERS’ COMPENSATION - # 9
PARISH OF ST. MARTIN, NO. 14-02958 C/W 14-02955
ELIZABETH CLAIRE LANIER, WORKERS’ COMPENSATION JUDGE

**********

ULYSSES GENE THIBODEAUX
CHIEF JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, John
D. Saunders, Marc T. Amy, and Elizabeth A. Pickett, Judges.

AMY, J., dissents and assigns reasons.

PICKETT, J., dissents for the reasons assigned by Judge Amy.

REVERSED AND REMANDED.

Jeffery F. Speer
Doucet & Speer
P. O. Drawer 4303
Lafayette, LA 70502-4303
Telephone: (337) 232-0405
COUNSEL FOR:
Plaintiff/Appellant – Estate of Shellie Belaire (Larry Joseph Wiltz, Jr.
o/b/o O.J.W.)

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Eric J. Waltner
Allen & Gooch, A Law Corporation
P. O. Box 81129
Lafayette, LA 70598-1129
Telephone: (337) 291-1400
COUNSEL FOR:
Defendant/Appellees – LUBA Workers’ Compensation and Crawfish
Town USA

p. 3

THIBODEAUX, Chief Judge.

For the reasons discussed in the consolidated case of Estate of Shellie

Belaire v. Crawfish Town USA and LUBA Workers’ Compensation, 15-180

(La.App. 3 Cir. __/__/__); ___So.3d___, the judgment of the trial court is reversed

and the matter is remanded for a trial on the merits. Costs of this appeal are

assessed against Defendants, Crawfish Town USA, Inc. and LUBA Workers’

Compensation.

REVERSED AND REMANDED.

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NUMBER 15-181
Consolidated With
NUMBER 15-180

COURT OF APPEAL, THIRD CIRCUIT
STATE OF LOUISIANA

ESTATE OF SHELLIE BELAIRE (LARRY JOSEPH WILTZ, JR. ON BEHALF
OF MINOR SON O.J.W.)

VERSUS
CRAWFISH TOWN USA, ET AL.

AMY, J., dissenting.

I respectfully dissent from the majority opinion. For the reasons expressed

in my dissent to the lead opinion, I would affirm the workers’ compensation

judge’s ruling. See Estate of Shellie Belaire v. Crawfish Town USA and LUBA

Workers’ Compensation, 15-180 (La.App. 3 Cir. _/_/_), _ So.3d _.

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