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VINING v. PHOENIX OF HARTFORD INSURANCE COMPANY

No. 8608.

256 So.2d 698 (1971)

Kale VINING v. PHOENIX OF HARTFORD INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 31, 1972.

Writ Refused March 8, 1972.

Attorney(s) appearing for the Case

Duncan S. Kemp, III, of Macy, Kemp & Newton, Hammond, for appellant.

Robert J. Mack, of Sims, Mack & Sims, Hammond, for appellee.

Before LOTTINGER, SARTAIN and ELLIS, JJ.

ELLIS, Judge:

This workmen's compensation case presents as the sole issue whether plaintiff Kale Vining is entitled to penalties and attorney's fees for the alleged arbitrary refusal of defendant Phoenix of Hartford Insurance Company to pay him workmen's compensation benefits. The trial court awarded plaintiff penalties and a $2,000.00 attorney's fee, and the defendant has appealed.

Plaintiff injured his back on February 19, 1969. He was seen by Dr. Frank...

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