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MOORE, J., concurs.
_J_J respectfully concur, agreeing with the majority’s conclusion that the claimant failed to make a prima facie case sufficient to confirm the default judgment. I also note, however, that the employer obtained all the relief it sought on appeal — reversal of the weekly indemnity benefits, penalty and attorney fee. I question whether it is equitable to condemn the prevailing party to pay all appellate costs, but given the court’s wide discretion under La. C.C.P. art. 1920, I reluctantly concur in this portion of the opinion.
Document Info
Docket Number: No. 47,876-WCA
Citation Numbers: 110 So. 3d 1216, 2013 La. App. LEXIS 329, 2013 WL 692532
Judges: Brown, Moore, Sexton, Tempore
Filed Date: 2/27/2013
Precedential Status: Precedential
Modified Date: 10/19/2024