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Johnson v. City of Lake Charles9/29/2004
ey fees as well as an award for attorney fees for work performed on this appeal. We reject both requests. " n employer should not be penalized for bringing a close legal issue to court." Burruss v. Centro Mgmt., Inc., 00-1274, p. 2 (La.App. 3 Cir. 2/28/01), 780 So.2d 630, 631. In the instant case, a substantial legal issue existed, and the City of Lake Charles relied on existing jurisprudence. The City of Lake Charles was not arbitrary, capricious, or without probable cause in denying benefits to Mrs. Johnson. Accordingly, we affirm the workers' compensation judge's denial of attorney fees and concomitantly decline to award attorney fees for the work performed on appeal.
DISPOSITION
We affirm the judgment of the workers' compensation judge in all respects and reject Rena Sonnier Johnson's request for attorney fees on appeal. We assess all costs of this appeal to the City of Lake Charles to the extent allowed by law.
AFFIRMED.
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