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Ville Platte Medical Center v. Mcglynn3/6/2002
scredit the reports given. Furthermore, we find no merit in the employer's assertion that Ms. McGlynn's testimony coupled with medical testimony as to the causal connection is insufficient to support a finding of a work-related disability.
Attorney's Fees
In its final assignment of error, the employer contests both the awarding of attorney's fees and the quantum awarded. It contends that it performed its duties to investigate the claim and that a report of Dr. Hodges in June 1999 indicates that Ms. McGlynn would be able to return to work within four to six weeks. Thus, it argues that its August 1999 termination of benefits was justified. As for the amount of fees awarded, the employer contends that, since $19,084.00 in indemnity benefits was found due, the $15,000.00 awarded in attorney's fees is more than seventy-five percent of the claim and, thus, disproportionate. Further, the employer asserts that since the beginning of this matter, "only eight depositions in this case have been taken. Of these depositions, none lasted two hours, most were relatively short and uninvolved."
La.R.S. 23:1201.2 provides:
Any employer or insurer who at any time discontinues payment of claims due and arising under this Chapter, when such discontinuance is found to be arbitrary, capricious, or without probably cause, shall be subject to the payment of all reasonable attorney fees for the prosecution and collection of such claims. The provisions of R.S. 23:1141 limiting the amount of attorney fees shall not apply to cases where the employer or insurer is found liable for attorney fees under this Section. The provisions of R.S. 22:658(C) shall be applicable to claims arising under this Chapter.
A workers' compensation judge's decision to award attorney's fees is a factual determination and is accorded much discretion. The decision will be reversed only in the presence of clear error. Joffrion v. Bryant, 98-1439 (La.App. 3 Cir. 4/14/99); 732 So.2d 767, writ denied, 99-1425 (La. 10/1/99); 748 So.2d 440.
In written reasons for ruling, the workers' compensation judge considered the factors listed by the claims investigator in support of his determination to terminate Ms. McGlynn's benefits, discrediting each. Concluding his analysis of the factors listed by the investigator, the workers' compensation judge wrote:
The reasons for the termination completely ignore the medical record available at that time and even more incredibly ignore the subsequent medical that was received from Dr. Hodges who was chosen by the employer as their physician. Benefits were terminated while Ms. McGlynn was under a doctor's care and by the testimony of the vocational rehabilitation counselor unable to earn ninety percent of her wages.
The record supports this determination. The employer points to a June 1999 examination with Dr. Hodges, wherein he opined that Ms. McGlynn would be able to return to work within four to six weeks, after which time benefits were terminated. However, the record indicates that the employer terminated benefits without reexamination by Dr. Hodges at the time of termination. As previously discussed, subsequent examinations by Dr. Hodges, Dr. Vidrine, and Dr. Rees revealed that Ms. McGlynn's ability to work was at least impaired until well into the following year. We conclude that the employer's actions in light of the information available to it and its failure to investigate at the time of termination, support the workers' compensation judge's determination that benefits were terminated arbitrarily and capriciously.
As for quantum, the employer asserts that the $15,000.00 awarded is without basis in the record. In Cur
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