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Cox v. Supply

8/14/2002

st. Cox's brief advances no argument why this witness should not have been excluded. The WCJ's decision to disallow Brown from testifying was wholly within her discretion and was not manifestly erroneous. La. Admin. C. 40:2157 C(5); Kennedy v. Johnny F. Smith Trucking, Inc., 94 0618 (La. App. 1 Cir. 3/3/95), 652 So. 2d 526. This assignment of error is meritless.


Finally, Cox's second assignment of error argues that the WCJ erred by participating in an ex parte communication with defense counsel. Cox fails to offer one shred of evidence that such an event took place. Our independent review of the record fails to find any basis for the assertion that such an illegitimate communication occurred. This assignment of error is wholly without merit.


Conclusion


For the reasons set forth above, the judgment is affirmed at Roofing Supply's cost.


AFFIRMED.






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