The local District 3 court awarded $13,000.00 in attorney’s fees for prosecution of a claim, as well as penalties of $4,000.00.  The Appellate Court found that while the initial denial of the claim may have been a close call, the employer continued to deny the claim “in the face of the growing evidence that uniformly supported and corroborated the claim.” The employer acted at its own peril.  The Appellate Court citing Nash v. Aecom Tech Corp., reiterated that a workers’ compensation claimant is entitled to an increase in attorney fees to reflect additional time incurred in defending an employer’s unsuccessful appeal, and awarded an additional attorney fee of $3,500.00 for the work done on appeal.


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.