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COSTA v. WEMBLEY INDUSTRIES, INC.

No. 8412.

346 So.2d 282 (1977)

Anna COSTA v. WEMBLEY INDUSTRIES, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied June 7, 1977.

Attorney(s) appearing for the Case

Dan R. Dorsey, River Ridge, for plaintiffappellant.

James L. Donovan, Porteous, Toledano, Hainkel & Johnson, New Orleans, for defendants-appellees.

Before REDMANN, SCHOTT and MORIAL, JJ.

REDMANN, Judge.

Plaintiff appeals from the denial of penalties and attorney's fees under La.R.S. 22:658 for defendant insurer's failure to resume payment of workmen's compensation benefits.

The statute penalizes non-payment which is "arbitrary, capricious, or without probable cause". Evidently the trial judge deemed this not such a non-payment. Relevant circumstances include: first, plaintiff had been in an automobile...

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