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9/3/99 Corrected Copy SUPREME COURT OF LOUISIANA NO. 98-C-1565

ROBERT HOY V. SLADE GILBERT d/b/a S.G. MASONRY

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, OFFICE OF WORKERS' COMPENSATION, DISTRICT # 1E

PER CURIAM*
We granted certiorari in this worker's compensation case to determine whether the court of appeal erred in reversing the hearing officer's judgment finding that the claimant was not in the course and scope of employment at the time he was injured. After reviewing the record, we conclude the court of appeal did so err, and therefore reverse that judgment and reinstate the hearing officer's judgment.

FACTS AND PROCEDURAL HISTORY Claimant, Robert Hoy, was employed as a bricklayer helper by Slade Gilbert d/b/a S.G. Masonry ("Gilbert"), a masonry contractor. On April 13, 1996, claimant, along with his supervisor, Lonnie Brown, and another helper, Jimmy Howard, left a jobsite early1 and returned to Gilbert's home north of West Monroe. During the drive, both claimant and Brown drank beer. Once they reached his house, Gilbert asked the crew to take a flat tire from a work trailer to a nearby service station to be repaired.2 The three men left with the tire in Brown's personal vehicle.

*

Lemmon, J. not on panel. Rule IV, Part II,

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