Lupo v. State, Division of the Administration, Office of Risk Management

CIACCIO, Judge.

The State of Louisiana, plaintiff’s former employer, appeals from that portion of the district court judgment which declared that its Office of Risk Management was “arbitrary and capricious in their failure to pay workman’s compensation benefits ...” and in assessing them with attorney fees and penalties in the amount of $5,000. We affirm this portion of the judgment of the district court.

The sole issue on appeal is whether the actions of the defendant in terminating compensation to the plaintiff were arbitrary and capricious.

In February, 1982, plaintiff George Lupo was…