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Stroud v. Morrison Nursery12/28/2001
later filed a Petition when the Employer failed to comply with these demands.
We find that La.R.S. 23:1201(F) is applicable to the instant matter and that the workers' compensation judge erred in ruling that the Employer's failure to reinstate benefits after the Pierce decision was not arbitrary and capricious.
Further, we find that the Employer failed to reasonably controvert the Plaintiff's claim for benefits, and thus, the Plaintiff is entitled to penalties in the sum of $2,000 and attorney fees in the sum of $5,000.
In accordance with this opinion we affirm the portion of the trial court's judgment denying the Employer's Exception of Res Judicata and the trial court did not err in giving retroactive application to Pierce. We reverse the trial court's ruling that the failure to reinstate benefits after the Pierce decision was not arbitrary and capricious, and denied the Plaintiff's claim for penalties and attorney fees.
Costs are assessed to the Employer.
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
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