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Carter v. Wal-Mart Stores6/26/2002
s argument that the workers' compensation judge erred in awarding attorney's fees or in the alternative the award of attorney's fees was excessive.
The determination whether an employer should be cast with penalties and attorney fees in a workers' compensation case is essentially a question of fact and a workers' compensation judges' finding shall not be disturbed absent manifest error. Foster v. Liberty Rice Mill, 96-438 (La.App. 3 Cir. 12/11/96); 690 So.2d 792.
In assessing attorney fees to encompass the denial of indemnity and medical at five thousand dollars, the workers' compensation judge noted the numerous depositions that counsel for Mr. Carter participated in and the large amount of discovery that was involved in this matter.
We find no manifest error in the workers' compensation judge's decision to award attorney fees nor the amount assessed.
DECREE
We affirm the judgment of the workers' compensation judge, in all respects.
AFFIRMED.
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