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SMITH v. MORRIS

No. 2002 CA 0103.

858 So.2d 443 (2002)

Sheila Morales SMITH v. PHILLIP MORRIS, U.S.A. and Hartford Insurance Company

Court of Appeal of Louisiana, First Circuit.

December 20, 2002.

Attorney(s) appearing for the Case

Charest Thibaut, III, Baton Rouge, Counsel for Plaintiff/Appellee Sheila Morales Smith.

Denis Paul Juge, Metairie, Counsel for Defendants/Appellants Phillip Morris, U.S.A. and Hartford Insurance Company.

Before: KUHN, DOWNING and GAIDRY, JJ.

DOWNING, J.

This appeal arises from a workers' compensation claim brought by Sheila Morales Smith (Smith) against her employer, Phillip Morris U.S.A., and its insurer, Hartford Insurance Company. The Workers' Compensation Judge (WCJ) reinstated Smith's temporary total disability benefits (TTD) and awarded $10,000 in attorney fees, finding that defendants arbitrarily and capriciously terminated benefits they agreed by stipulation to pay in a prior judgment. For the...

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