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BRAITHWAITE CONST. v. MANTON

No. 2001 CA 2189, 2001 CA 2190.

807 So.2d 1168 (2002)

BRAITHWAITE CONSTRUCTION v. Nicholas MANTON.

Court of Appeal of Louisiana, First Circuit.

February 15, 2002.

Attorney(s) appearing for the Case

Lamar Richardson, Mandeville, for Appellee Nicholas Manton.

John J. Rabalais, Covington, for Appellant Braithwaite Construction.

Before: FOIL, PETTIGREW and KLINE, JJ.

FOIL, Judge.

An employer, Braithwaite Construction, appeals a judgment reinstating temporary total disability benefits to claimant, Nicholas Manton, in this workers' compensation case. The judgment further awarded penalties and attorney's fees based on the employer's arbitrary and capricious termination of benefits. For the reasons that follow, we affirm the reinstatement of benefits, but reverse the award of penalties.

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