TUCKERSON v. HOLIDAY RETIREMENT CORP.

No. 04-CA-957.

892 So.2d 626 (2004)

Tammy TUCKERSON v. HOLIDAY RETIREMENT CORPORATION & Liberty Mutual Insurance.

Court of Appeal of Louisiana, Fifth Circuit.

December 28, 2004.


Attorney(s) appearing for the Case

Daniel E. Becnel, III, Laplace, LA, for Plaintiff/Appellee, Tammy Tuckerson.

Joseph M. Guillot, New Orleans, LA, for Defendants/Appellants, Holiday Retirement Company and Liberty Mutual Insurance Company.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and CLARENCE E. McMANUS.


SUSAN M. CHEHARDY, Judge.

In this workers' compensation case, Holiday Retirement Corporation and its insurer, Liberty Mutual Insurance Company, appeal the judgment ordering them to pay the claimant, Tammy Tuckerson, supplemental earnings benefits, finding defendants were arbitrary and capricious in refusing to pay benefits, and awarding claimant penalties and attorney fees. For the following reasons, we reverse.

Tammy Tuckerson was working as a facility chef...

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