Brown v. Celotex Corp.

ON APPLICATION FOR REHEARING

In his application for rehearing plaintiff renews his claim for penalties and attorney fees, alleging that defendants arbitrarily and capriciously terminated plaintiff’s benefits. In our original opinion we neglected to dispose of this issue although we mentioned it in the opening paragraph.

We detailed Dr. Grunsten’s findings and opinion that plaintiff was no longer substantially disabled as of a February, 1980 examination. Defendants were entitled to rely on that report in terminating compensation. Crawford v. Al Smith P & H Service, Inc., 352 So.2d 669 (La.1977).…