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Braud v. First National Bank of Gonzales6/23/2000
Disposition: AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART AND REMANDED.
In this workers' compensation case, an employer appeals a ruling awarding temporary total disability benefits, supplemental earnings benefits (SEBs), and attorney's fees in favor of the claimant. For the following reasons, we affirm in part, reverse in part, vacate in part and remand.
I. FACTS AND PROCEDURAL HISTORY
Melissa Braud was a vice president and branch manager of the First National Bank of Gonzales ("First National") at its Galvez branch. Mrs. Braud had been employed by First National for approximately seventeen years, when on the morning of October 21, 1996, a robbery occurred at her branch in the presence of the following bank employees: Mrs. Braud, Janet Alexander, and Debbie Adams. The robber entered the door of the bank with a gun and ordered the three employees to get down on the floor behind the counter where the tellers served customers. Next, he ordered Adams to the counter and demanded that she place money into his bag. After instructing the employees not to get up for five minutes, he fled from the bank. During the robbery, Adams had engaged the silent alarm and the police arrived shortly after the robber left the bank. The branch was closed for the remainder of the day and the branch employees were sent home.
The next day, Mrs. Braud returned to work and attended a counseling session conducted by Hidalgo Healthcare at the bank's request to address any problems the employees of the Galvez branch may have been having as a result of the robbery. For the next several days, Mrs. Braud performed her job duties. However, on November 1, 1996, ten days after the robbery, Mrs. Braud was taken home from work by First National's chief executive officer, Kevin James Schexnayder, Sr., due to her mental state. Schexnayder stated that Mrs. Braud was crying, rambling, accusatory, and not in control of her senses. Mrs. Braud remained off of work from November 1, 1996, to December 1, 1996. During this time, she sought the services of a therapist and was evaluated by a psychiatrist. After returning to work, Mrs. Braud continued her employment with First National while under medical treatment until she was terminated on February 7, 1997.
Mrs. Braud filed a disputed claim for workers' compensation seeking indemnity benefits, medical expenses, attorney's fees, and penalties alleging that the bank robbery had caused her to suffer chronic depression. After a hearing, the Office Of Workers' Compensation ("OWC") ruled in favor of Mrs. Braud and against First National and its insurer, Louisiana Workers' Compensation Corporation ("LWCC"). In a ruling dated February 12, 1998, the OWC decreed that Mrs. Braud sustained a work-related accident on October 21, 1996, Mrs. Braud was entitled to recover temporary total disability benefits from the date of her termination, February 7, 1997, until she returned to work in May 1997, and she was entitled to SEBs from May 1997, until she was able to earn at least ninety percent of her average weekly wages. Additionally, the ruling ordered payment of all medical bills related to this accident and awarded Mrs. Braud $5,000.00 in attorney's fees. The ruling specifically provided that no penalties were assessed against First National.
First National and LWCC appeal, challenging the OWC's award of benefits and attorney's fees. Mrs. Braud filed an answer seeking additional attorney's fees for the efforts expended in defending this appeal.
II. STANDARD OF REVIEW
Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Banks v. Industria
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