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.