Jackson v. T. L. James & Co.

YARRUT, Judge.

Plaintiff appeals from a judgment of the district court denying him workmen’s compensation, statutory penalties and attorney’s fees under the State Compensation Act, LSA-R.S. 23:1 et seq.

Defendants are the employer and its insurer. Reference herein to “Defendant” will be to the employer, T. L. James and Company, Inc.

There is no dispute that Plaintiff was employed in a hazardous capacity (raking hot asphalt heated to 275 to 375 degrees), and if entitled to compensation, would be entitled to the maximum of $35 per week.

The issues are twofold: (1) Whether Plaintiff’s claim is…