Poissenot v. St. Bernard Parish Sheriff's Office
Supreme Court of Louisiana
1Opinion of the Court
VICTORY, J.*
hln this workers’ compensation case, the workers’ compensation judge (“WCJ”) awarded claimant supplemental earnings benefits (“SEBs”), penalties, and attorney fees, finding the employer’s failure to pay benefits arbitrary and capricious. The court of appeal affirmed. We granted cer-tiorari to determine whether the lower courts used the correct standard in determining the claimant was entitled to SEBs. For the reasons that follow, we reverse the judgment awarding claimant SEBs, penalties, and attorney fees, and render judgment in favor of the employer.
FACTS AND PROCEDURAL HISTORY
Emi…
Also in this document: Dissent.
2Cases cited20 opinions
- Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
- Mart v. HillSupreme Court of Louisiana · 1987
- Banks v. Indus. Roofing & Sheet MetalSupreme Court of Louisiana · 1997
- Smith v. Louisiana Dept. of CorrectionsSupreme Court of Louisiana · 1994
- Freeman v. Poulan/Weed EaterSupreme Court of Louisiana · 1994
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3Cited by107 opinions
- Clay v. Our Lady of Lourdes Regional Medical Center, Inc.Supreme Court of Louisiana · 2012
- Magbee v. Federal ExpressLouisiana Court of Appeal · 2012
- Baker v. Harrah'sLouisiana Court of Appeal · 2016
- Aisola v. Beacon Hospital Management, Inc.Louisiana Court of Appeal · 2014
- Vital v. Landmark of Lake CharlesLouisiana Court of Appeal · 2014
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