Lopez v. Commercial Union Assurance Companies

DUPLANTIER, Judge.

Two issues are presented by plaintiffs appeal from a trial court judgment awarding him the minimum amount of $17.50 per week for 100 weeks1 for workmen’s compensation and rejecting his claim for penalties and attorney’s fees:(1) When the undisputed medical evidence is that plaintiff has 10% permanent partial disability of the low back region as a result of a surgical removal of a ruptured lumbar intervertebral disc, should the trial judge’s award of the minimum provided by the “schedule” (LSA-R.S. 23:1221(4)(p)) for serious permanent impairment of a physical function be…