BUSH v. AVOYELLES PROGRESS ACTION COMMITTEE

No. 07-685.

970 So.2d 63 (2007)

Patricia A. BUSH v. AVOYELLES PROGRESS ACTION COMMITTEE and Louisiana Workers' Compensation corporation.

Court of Appeal of Louisiana, Third Circuit.

October 31, 2007.


Attorney(s) appearing for the Case

Robert A. Mahtook, Jr., Marc D. Moroux, Mahtook & LaFleur, Lafayette, Louisiana, for Defendant-Appellant, Avoyelles Progress Action Committee and Louisiana Workers' Compensation Corporation.

Norris J. Greenhouse, Greenhouse Law Office, L.L.C., Marksville, Louisiana, for Plaintiff-Appellee, Patricia A. Bush.

Court composed of OSWALD A. DECUIR, ELIZABETH A. PICKETT, and J. DAVID PAINTER, Judges.


PAINTER, Judge.

Defendants, Avoyelles Progress Action Committee and Louisiana Workers' Compensation Corporation (LWCC), appeal the judgment of the Workers' Compensation Judge (WCJ) ordering that Defendants authorize a surgery recommended by Claimant's treating physician, finding that Defendants' behavior in refusing to authorize the surgery was arbitrary and capricious, and awarding penalties in the sum of $2,000.00 and attorney's fees in the sum of $5,000.00. For...

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