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Bender v. General Electric Credit Corp.

Citations: 430 So. 2d 750; 1983 La. App. LEXIS 8211Docket: No. 82-CA-49

Court: Louisiana Court of Appeal; April 10, 1983; Louisiana; State Appellate Court

Narrative Opinion Summary

The appellate court reviewed a case involving a plaintiff who sustained a back injury while working as an accounts clerk, leading to a permanent and total disability claim under workers' compensation. Initially, the trial court ruled in favor of the defendants, determining that the plaintiff's injury was unrelated to her work. However, upon appeal, the court found this determination manifestly erroneous, reversing the trial court's decision. The plaintiff's injury, which occurred when she struck her back on a file cabinet drawer, was supported by medical testimony linking it directly to her work. Despite undergoing unrelated medical procedures, the appellate court found no intervening causes for the plaintiff’s disability. The defendants had ceased compensation payments, arguing post-surgery complications as unrelated, but the appellate court deemed their actions arbitrary and capricious. The court ordered the reinstatement of the plaintiff's compensation benefits at $64.00 per week and imposed penalties for late payment of medical expenses, amounting to $42,536.30. The court also awarded attorney fees of $3,000.00, and required the defendants to pay all court costs, affirming in part and reversing in part the initial judgment.

Legal Issues Addressed

Arbitrary and Capricious Conduct by Insurers

Application: Defendants' refusal to resume compensation and pay certain medical expenses was deemed arbitrary and capricious, lacking probable cause.

Reasoning: Their refusal to resume compensation benefits and pay medical expenses after October 15, 1976, was arbitrary and capricious, lacking probable cause.

Causation and Medical Testimony

Application: The court accepted medical testimony linking the plaintiff’s injury to the work-related incident, dismissing the defendant's claims of intervening causes.

Reasoning: The defendants' argument that a post-hysterectomy action caused the disability conflated symptoms with causation, as established by unrefuted medical opinions.

Determination of Compensation Rate

Application: The plaintiff’s weekly compensation was adjusted to $64.00, reflecting the error in previous payment calculations.

Reasoning: Regarding the plaintiff's weekly compensation, the correct amount is determined to be $64.00, slightly higher than the previously paid $63.90.

Manifest Error Review

Application: The appellate court found the trial judge's factual determination manifestly erroneous and corrected the trial court's error.

Reasoning: On appeal, the court found the trial judge's factual determination manifestly erroneous.

Penalties for Late Payments

Application: The court imposed penalties for the defendants' late payments and lack of good faith in managing the plaintiff’s benefits.

Reasoning: The defendants' lack of good faith in managing payments justifies imposing penalties, totaling $42,536.30 for late or unpaid bills.

Workers' Compensation Benefits and Permanent Disability

Application: The appellate court reversed the trial court's finding, concluding that the plaintiff's permanent and total disability was due to a work-related incident.

Reasoning: The court found that the evidence clearly indicated the plaintiff’s injury was related to a work-related incident, reversing the trial court's previous finding.