In the present matter, the trial court explained: "Given the nature of the accident and the contemporaneous medical opinions, defendant had no justification for this delay, nor any justification for initially paying the incorrect rate." The trial judge, however, refused to assess penalties, using Woodard v. Gregory Cook, Inc., 476 So.2d 575 (La.App. 3 Cir. 1985) as his guide. After a review of the Woodard decision, we agree with Plaintiff that it is inapplicable to the present issue.
In Allor v. Belden Corp., 410 So.2d 1184 (La.App. 3d Cir. 1982), writ denied, 412 So.2d 1101 (La. 1982), the Supreme Court judgment did not become final until the delay for application for rehearing had expired and no timely application for a rehearing had been made. In Woodard v. Gregory Cook, Inc., 476 So.2d 575 (La.App. 3d Cir. 1985), this court held that the judgment of a Court of Appeal becomes final when the delays for filing applications for rehearing or certiorari to the Supreme Court have run and no application has been timely filed. We find no cases in which the delays after trial were directly at issue.