St. Romain v. Insurance Co. of North America

STOKER, Judge.

Plaintiff, Charles St. Romain, sued defendant, Insurance Company of North America, to recover workers’ compensation benefits and penalties and attorney’s fees. Plaintiff appeals the judgment which *793granted him benefits but denied him penalties and attorney’s fees.

The sole issue on appeal is: Whether the defendant acted arbitrarily, capriciously or without probable cause in failing to pay plaintiff workers’ compensation benefits so as to be subject to penalties and attorney’s fees under LSA-R.S. 22:65s.1

At trial the plaintiff and defendant entered into the following stipulations:

“1…