Smith v. Comeaux Furniture & Appliance, Inc.

SCHOTT, Judge.

In this worker’s compensation case plaintiff was awarded benefits for a partial disability of his hand pursuant to LSA-R.S. 23:1221(4)(e). Plaintiff has appealed seeking penalties and attorney’s fees pursuant to R.S. 23:1201.2 and R.S. 22:658. The issue is whether defendant’s refusal to pay compensation benefits was arbitrary or capricious (entitling plaintiff to penalties and attorney’s fees) where defendant had medical reports that plaintiff suffered a partial disability of his thumb but had no report that he suffered a disability of the hand.

While dusting furniture for…