Fontenot v. State ex rel. Department of Health & Hospitals

Supreme Court of Louisiana

Fontenot v. State ex rel. Department of Health & Hospitals

123 So. 3d 161, 2013 WL 4866405, 2013 La. LEXIS 1899

CourtSupreme Court of Louisiana

DecidedSeptember 13, 2013

DocketNo. 2013-C-1004

StatusPublished

This text of 123 So. 3d 161 (Fontenot v. State ex rel. Department of Health & Hospitals) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fontenot v. State ex rel. Department of Health & Hospitals, 123 So. 3d 161, 2013 WL 4866405, 2013 La. LEXIS 1899 (La. 2013).

Pincite

Opinion

PER CURIAM.

| tIn this matter, the claimant was awarded workers’ compensation benefits and medical bills and expenses in connection with a workplace injury. Additionally, the workers’ compensation judge awarded attorney fees in the amount of $10,000, finding that the employer acted arbitrarily and capriciously in terminating the benefits. The employer appealed, arguing the claimant forfeited his workers’ compensation benefits by committing fraud, in violation of La.R.S. 23:1208. Further, the employer sought to have the award of attorney fees overturned or the amount of the award lowered. The court of appeal affirmed the judgment in all respects.

The employer filed the instant writ application, challenging the lower court’s judgment. We find no error in the lower court’s ruling on the forfeiture issue. However, due to the unique facts involved, we find the employer’s actions were not arbitrary, capricious, or without probable cause. Accordingly, we reverse the award of attorney fees.

AFFIRMED IN PART; REVERSED IN PART.

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PER CURIAM.

| tIn this matter, the claimant was awarded workers’ compensation benefits and medical bills and expenses in connection with a workplace injury. Additionally, the workers’ compensation judge awarded attorney fees in the amount of $10,000, finding that the employer acted arbitrarily and capriciously in terminating the benefits. The employer appealed, arguing the claimant forfeited his workers’ compensation benefits by committing fraud, in violation of La.R.S. 23:1208. Further, the employer sought to have the award of attorney fees overturned or the amount of the award lowered. The court of appeal affirmed the judgment in all respects.

The employer filed the instant writ application, challenging the lower court’s judgment. We find no error in the lower court’s ruling on the forfeiture issue. However, due to the unique facts involved, we find the employer’s actions were not arbitrary, capricious, or without probable cause. Accordingly, we reverse the award of attorney fees.

AFFIRMED IN PART; REVERSED IN PART.

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Bluebook (online)

123 So. 3d 161, 2013 WL 4866405, 2013 La. LEXIS 1899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fontenot-v-state-ex-rel-department-of-health-hospitals-la-2013.