Oliver v. Transport Service Co.

This is an appeal by Transport Service Company (“Transport”) from a judgment rendered by the workers’ compensation judge awarding claimant, Noemi Oliver, compensation benefits, medical expenses, and attorney fees. The issue presented on appeal is whether the claimant is barred from receiving benefits pursuant to the affirmative defense listed in LSA-R.S. 23:1081(l)(c), due to her failure to use a seat belt while driving a company tractor-trailer rig. Oliver answered the appeal, requesting that the initial award of attorney’s fees be increased and that additional attorney’s fees be awarded on…