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Laws-info.com » Cases » Louisiana » Louisiana Supreme Court » 1998 » 98-C-0463 RUDOLPH A. MARTIN v. OLSTEN INDUSTRIAL SERVICES
98-C-0463 RUDOLPH A. MARTIN v. OLSTEN INDUSTRIAL SERVICES
State: Louisiana
Court: Supreme Court
Docket No: 98-C-0463
Case Date: 01/01/1998
Preview:SUPREME COURT OF LOUISIANA NO. 98-C-0463 RUDOLPH A. MARTIN V. OLSTEN INDUSTRIAL SERVICES ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, STATE OF LOUISIANA

PER CURIAM*
We granted certiorari in this worker's compensation case to determine whether the hearing officer's finding that the claimant suffered a work-related injury entitling him to benefits is supported by the record. After a review of the record, we conclude the hearing officer's ruling is clearly wrong, and therefore reverse the judgment of the court of appeal affirming the hearing officer's ruling.

FACTS AND PROCEDURAL HISTORY This case arises from a claim for worker's compensation benefits filed on May 20, 1996 by claimant, Rudolph Martin, against his employer, Olsten Industrial Services ("Olsten"), for an injury that allegedly occurred while he was assigned to Paducah Rigging. Claimant asserted that his injury occurred when a metal wire punctured his right big toe, which ultimately resulted in infection and amputation of his toe. Olsten filed an answer and general denial to the claim. Subsequently, a hearing was conducted before a hearing officer of the Office of Worker's Compensation. Claimant testified at the hearing that on or about March 18, 1996, he was working on a rig "burning out" short pieces of metal wire, approximately six to ten inches long, from metal cable sockets in order to reuse the sockets. After he finished work and was preparing to go home, he noticed blood on his right sock and discovered a puncture wound on the big toe of his right foot.1 He showed his foot to a co-worker, Gene Plaisance, and told Mr. Plaisance, "Gene, I stuck something in my foot." Claimant then used pliers to pull the metal from his shoe, cleaned and

*

Johnson, J. not on panel. Rule IV, Part 2,
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