Opinion
No. 97-C-1451
September 26, 1997
IN RE: Hub Enterprises Inc.; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CA96-1717, CA96-1718; Office of Workers' Compensation District 09 Number 96-00424, 96-00482.
The writ is granted in part, and otherwise denied. The ruling of the court of appeal is reversed insofar as it awards to the plaintiffs attorneys fees and penalties. Under the circumstances, the actions of the defendant were not arbitrary and capricious in defending rather than paying the claim. Otherwise, the writ is denied.
PFC
WFM
HTL
CDK
BJJ
JPV
TRAYLOR, J. not on panel.
KNOLL, J. would grant and docket.