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SUPREME COURT OF LOUISIANA
No. 98-C-2271

TYRONNE C. WILLIAMS Versus RUSH MASONRY, INC.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, OFFICE OF WORKERS' COMPENSATION, DISTRICT #8

LEMMON, Justice* In this workers' compensation action, the lower courts determined that plaintiff had injured his back while lifting materials on his employer's job site and had been disabled for approximately four months. We granted certiorari for the limited purpose of determining the correctness of the awards by the lower courts of penalties and attorney's fees based on the employer's discontinuance of benefits after three weekly compensation payments. Because we conclude that the employer was not arbitrary and capricious or without probable cause in discontinuing the payment of benefits, we reverse the awards of penalties and attorney's fees.

Facts Plaintiff had worked for defendant as a laborer and mason tender for approximately four years before the incident at issue. Within minutes of reporting

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*Calogero, C.J., not on panel. Rule IV, Part 2,

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