BLAINE WOLFE VERSUS COX COMMUNICATIONS

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BLAINE WOLFE NO. 15-CA-813 VERSUS FIFTH CIRCUIT COX COMMUNICATIONS COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION, DISTRICT 7 STATE OF LOUISIANA NO. 11-10413, HONORABLE SHANNON BRUNO BISHOP, JUDGE PRESIDING MAY 26,2016 COURT OF AI)PE/\L FIFTH CH<CU iT FILED MAY 26 STEPHEN J. WINDHORST JUDGE Panel composed of Judges Susan M. Chehardy, Stephen J. Windhorst and Hans J. Liljeberg CHARLSEY J. WOLFF ATTORNEY AT LAW 2800 Veterans Memorial Boulevard Suite 204 Metairie, Louisiana 70002 COUNSEL FOR PLAINTIFF/APPELLANT WADE A. LANGLOIS, III BRITTANY A. COOPER ATTORNEYS AT LAW 401 Whitney Avenue Suite 500 Gretna, Louisiana 70056 COUNSEL FOR DEFENDANT/APPELLEE-2ND APPELLANT APPEALS DISMISSED 2016 Defendant/employer, Cox Communications Louisiana, L.L.C. ("Cox unications"), appeals the workers' compensation judgments rendered on November 13, 2014, and on October 12, 2015. Claimant, Blaine Wolfe, appeals the workers' compensation judgment rendered on October 12, 2015. For the reasons that follow, these appeals are dismissed. On May 5, 2010, claimant was involved in a work-related multi-vehicle accident and sustained injuries. Defendant paid medical and indemnity benefits to claimant for injuries sustained in the accident. On December 16, 2011, claimant filed a disputed claim for benefits. After a trial on the merits, the workers' compensation judge ("WCJ") rendered judgment on November 13, 2014, finding claimant sustained a work-related accident. The WCJ found claimant sustained injuries to his neck, back, left hand/wrist, bilateral knees, left shoulder and cervical spine injuries, joint pain, lower leg pain, headaches, bilateral tinnitus, and has a disability as a result of the accident. Claimant was awarded temporary total -2­ disability benefits, supplemental earnmgs benefits, all medical expenses, and penalties and attorney's fees. On April 28, 2015, claimant was granted a new trial on his entitlement to indemnity benefits after August 15,2012. On October 12,2015, the WC] rendered judgment finding claimant failed to meet his burden that he was unable to earn ninety percent or more of his average pre-injury wages and he was not entitled to additional indemnity benefits after August 15,2012. These appeals followed. After the case was submitted to this Court, the parties filed a joint motion to dismiss contending that a compromise settlement had been reached. Pursuant to La. C.C.P. art. 2162, an appeal can be dismissed by consent of all parties. Therefore, we grant the joint motion and dismiss these appeals. APPEALS DISMISSED -3­ SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. LIUEBERG CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT MELISSA C. LEDET 101 DERBIGNY STREET (70053) JUDGES DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH Uniform Rules - Court of Appeal, Rule 2-20 THIS DAY MAY 26. 2016 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: . J r", Ii ",-1) /I " 'i 'f! i/J iA . (',/ I'J . 'I 1 ,,1\lrt ......-, / tr C ERYL Q. LANDRIEU CLERK OF COURT 15-CA-813 E-NOTIFIED CHARLSEY J. WOLFF MAILED WADE A. LANGLOIS, III BRJITANY A. COOPER ATTORNEYS AT LAW 401 WHITNEY AVENUE SUITE 500 GRETNA, LA 70056 ~ i'

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