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Feild v. General Motors Corp.9/18/2002
r nonpayment results from conditions over which the employer or its insurer had no control. La. R.S. 23:1201 F(3). To meet this standard, the employer must have some "valid reason or evidence upon which to base his denial of benefits." Brown v. Texas-LA Cartage, 98-1063 (La. 1/15/99), 721 So.2d 885. The court must determine whether the employer "engaged in a non-frivolous legal dispute or possessed factual and/or medical information to reasonably counter the factual and medical information presented by the claimant throughout the time he refused to pay all or part of the benefits allegedly owed." Id.; Sims v. Sun Chemical Corp., 34,947 (La. App. 2 Cir. 8/22/01), 795 So.2d 439. Penalties are stricti juris and should be imposed only when the facts clearly negate good faith and just cause in connection with the refusal to pay. Nowlin v. Breck Const. Co., 30,622 (La.App. 2 Cir. 6/24/98), 715 So.2d 112, and citations therein. The WCJ's decision to award or deny attorney fees is subject to manifest error review. Sims v. Sun Chemical Corp., supra.
The WCJ found that GM developed "unrelated factors regarding her family and other issues in Feild's life" that may have caused her mental injury . The alternative causes obviously troubled the experts and cannot be considered frivolous. On this record, the WCJ was not plainly wrong to find GM had a valid basis to deny the claim. These assignments of error lack merit.
Conclusion
For the reasons expressed, the judgment is affirmed at GM's cost.
AFFIRMED.
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