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04/21/03 "See News Release 027 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA NUMBERS 2002-C-0442 AND 2002-C-0478 KENNETH HAYNES Versus WILLIAMS FENCE AND ALUMINUM APPLYING FOR REHEARING PER CURIAM In its rehearing application, Williams Fence for the first time claims attorney's fees for arbitrary and capricious discontinuance of rehabilitation services are not provided for in the Workers' Compensation Act. This was the position of the dissent

herein and now urged on rehearing by Williams Fence. With this per curiam we grant the rehearing for the limited purpose of addressing this issue, otherwise the rehearing application is denied. With the exception of one lone case in the Third Circuit Court of Appeal, namely, Rollins v. Glitsch, 97-1404 (La. App. 3 Cir. 5/13/98), 713 So. 2d 674, writ denied, 98-1590 (La. 9/18/98), 724 So. 2d 763, which was not followed by other panels within the Third Circuit, most our circuit courts of appeal have consistently held that attorney's fees for arbitrary and capricious discontinuance of rehabilitation services have been found a "claim due" under LA. REV. STAT. ANN.

Download 2002-C-0442 C/W 2002-C-0478 KENNETH HAYNES v. WILLIAMS FENCE AND ALUMINUM.pdf

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