Peltier v. Liberty Mutual Insurance Co.

ELLIS, Judge.

This is an appeal from a judgment awarding plaintiff, James D. Peltier, workmen’s compensation benefits for permanent and total disability, but denying him penalties and attorney’s fees. Plaintiff appealed that part of the judgment denying him penalties and attorney’s fees, and defendant answered the appeal asking that the judgment be reversed.

The facts are undisputed. Mr. Peltier was injured in an accident and, as a result, suffered a 20% disability of the foot. He was, at the time of his injury, working out of a union in which he was classified as a lineman electrician. In…