On March 7, 2012 the Third Circuit Court of Appeal rendered a decision in a case in which the trial court refused to award penalties and attorney’s fees, or otherwise find that a workers’ compensation insurer was in bad faith.  The workers’ compensation insurer questioned a physician’s prescription of Marinol, which he prescribed for the stated purpose of providing some relief of pain and improving capacity for sleep.  The court stated, “The FDA does not even recommend Marinol for treatment of pain conditions related to bodily injuries.  Obviously, this drug is used in very limited circumstances.” The claims representative requested additional information from the treating physician, who failed or refused to provide it, and, the matter resulted in litigation. The Third Circuit Court of Appeal affirmed the trial court, finding that the judge did not commit manifest error in refusing to impose penalties or attorney’s fees upon the workers’ compensation insurance defendant.


Plauché, Smith & Nieset is engaged in the insurance defense practice, concentrating on insurance defense litigation and business litigation in Calcasieu Parish, Cameron Parish, Jefferson Davis Parish, Allen Parish, and Beauregard Parish.  Plauché, Smith & Nieset also engages in the insurance defense practice throughout the state of Louisiana.