ARCHBOLD v. MAXICARE HEALTH PLANS, INC.

No. 98-CA-531

722 So.2d 1200 (1998)

Diane ARCHBOLD v. MAXICARE HEALTH PLANS, INC. and ITT Hartford.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied January 19, 1999.


Attorney(s) appearing for the Case

Pat M. Franz, Michael Baham, Metairie, Louisiana, Attorneys for Plaintiff/Appellant.

John J. Erny, III, Metairie, Louisiana, Attorney for Defendants/Appellees.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., SOL GOTHARD, and MARION F. EDWARDS.


GOTHARD, Judge.

This appeal arises from the worker's compensation court. The worker's compensation judge ruled that the employer's insurer, ITT Hartford, was not arbitrary and capricious in reducing claimant's benefits, and therefore, claimant was not entitled to penalties and attorney's fees. For the following reasons, we reverse the decision of the worker's compensation judge.

Diane Archbold was injured and started receiving worker's compensation benefits...

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