ESTATE OF SHELLIE BELAIRE, THRU LARRY JOSEPH WILTZ, JR. OBO MINOR SON, O. J. W. VERSUS CRAWFISH TOWN, USA, ET AL.

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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. ********** 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 ********** 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.) 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 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. 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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