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City of Eunice v. Credeur

Supreme Court of Louisiana
Jan 28, 2000
753 So. 2d 226 (La. 2000)

Opinion

No. 1999-C-3249

January 28, 2000

IN RE: Eunice, City of; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Worker's Compensation District 2, No. 97-01303; to the Court of Appeal, Third Circuit, No. 99-302


Writ granted in part. The Court of Appeal, Third Circuit, erred in awarding a penalty under La.R.S. 23:1201 (F) as the City of Eunice did not fail to provide payment of a claim but arbitrarily, capriciously, or without probable cause discontinued payment of a claim. Therefore, La.R.S. 23:1201 (F) is inapplicable. Instead, La.R.S. 23:1201.2 governs this case and does not allow for the awarding of a penalty. See La.R.S. 23:1201 (F); La.R.S. 23:1201.2; Williams v. Rush, 98-2271 (La. 6/29/99), 737 So.2d 41, 43-45. Accordingly, we vacate and set aside that portion of the appellate court's opinion. In all other respects this writ application is denied.

CDK

PFC

WFM

HTL

BJJ

CDT

JTK

VICTORY, J., not on panel.


Summaries of

City of Eunice v. Credeur

Supreme Court of Louisiana
Jan 28, 2000
753 So. 2d 226 (La. 2000)
Case details for

City of Eunice v. Credeur

Case Details

Full title:CITY OF EUNICE v. REBECCA CREDEUR

Court:Supreme Court of Louisiana

Date published: Jan 28, 2000

Citations

753 So. 2d 226 (La. 2000)

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