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Authement v. Wal-Mart9/26/2003
nd until paid. Kirn v. East Jefferson Hospital, 96-0838, p. 12 (La. App. 1 Cir. 2/14/97), 691 So.2d 127, 134. Accordingly, the judgment below is amended to provide for same.
DAMAGES AND ATTORNEY FEES FOR FRIVOLOUS APPEAL
Ms. Authement argues on appeal that Wal-Mart's appeal was frivolous and as such, she is entitled to damages. She further requests an additional award of attorney fees for defending the appeal. However, Wal-Mart obtained relief on appeal in that the part of the judgment awarding statutory penalties is reversed. Thus, Wal-Mart's appeal was not frivolous. Ms. Authement is not entitled to damages or additional attorney fees on appeal. See Insurance Company of North America v. Labit, 99-2448, p. 7 (La. App. 1 Cir. 11/15/00), 772 So.2d 385, 389.
CONCLUSION
For the above and foregoing reasons, the portion of the workers' compensation judgment awarding $2,000.00 in penalties is reversed. Moreover, the judgment is amended to grant legal interest on past workers' compensation benefits from the due date of each payment, until paid, and on the attorney fees awarded below from the date of judicial demand until paid. All costs associated with this appeal are assessed equally between the parties.
REVERSED IN PART. AMENDED, AND AS AMENDED, AFFIRMED.
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