Cited by

Opinions in Louisiana that cite Fruge v. Pacific Employers Insurance Company, 76 So. 2d 719.

50 citing documents.

Tassin v. New Orleans Delivery Service 550 So. 2d 1214 La. Ct. App. 5th Cir. 1989
Co., , where the Louisiana Supreme Court indicated an arbitrary and capricious finding may not have occurred if benefits would have been reduced to supplemental earnings benefits instead of being cut off completely, where the only dispute between plaintiff and defendant concerned the extent of plain
Smith v. Comeaux Furniture & Appliance, Inc. 472 So. 2d 210 La. Ct. App. 1st Cir. 1985
(1954); Johnson v. Guastella Const. & Realty Co., (La.App.
Culp v. Belden Corp. 416 So. 2d 1311 La. Ct. App. 3d Cir. 1982
Dufrene v. St. Charles Parish Police Jury 371 So. 2d 378 La. Ct. App. 4th Cir. 1979
(1954) to the effect that even if the doctor's undisputed report showed only partial disability at the time following initial discharge, an insurer may avoid penalties upon the ultimate award for total disability only if it unconditionally tenders benefit for the partial disability shown.
Lopez v. Commercial Union Assurance Companies 353 So. 2d 431 La. Ct. App. 1st Cir. 1977
(1954); Guillory v. Travelers Insurance Company, La., (1974), and cases cited therein.
Lucas v. Ins. Co. of North America 342 So. 2d 591 La. 1977
Guillory v. Travelers Insurance Co., La., (1974); , (1954); Breen v. Bituminous Cas.
Walker v. Gaines P. Wilson & Son, Inc. 340 So. 2d 985 La. 1976
Johnson v. Guastella Construction & Realty Co. 338 So. 2d 747 La. Ct. App. 1st Cir. 1976
Guillory v. Travelers Insurance Company, Footnote 7; Breen v. Bituminous Casualty Company, La.
Lucas v. Insurance Co. of North America 326 So. 2d 525 La. Ct. App. 1st Cir. 1975
Guillory v. Travelers Insurance Company 294 So. 2d 215 La. 1974
Co., , (1954): "If instead of cutting off all compensation payments the defendant had tendered to the plaintiff an amount which it thought to be due for partial disability, our decision in this case might be different.
King v. Insurance Co. of North America 288 So. 2d 878 La. Ct. App. 1st Cir. 1974
Co., , (1954); Wright v. National Surety Corp., 221 La.
Evans v. LIFETIME SECURITY LIFE INSURANCE COMPANY 275 So. 2d 432 La. Ct. App. 2d Cir. 1973
84 ,] 134 So.2d [884,] 888; , ; Sensat v. State Farm Fire and Cas.
Adams v. St. Paul Fire & Marine Insurance 270 So. 2d 307 La. Ct. App. 1st Cir. 1972
Under these circumstances we feel that this case falls squarely under the holdings of Stephney v. Robertson, supra, , (1954), which case was previously before this court, wherein our Supreme Court held: “We can concede that defendant may have been in good faith in refusing to pay plaintiff compensation for total and permanent disability on the ground that .
Breen v. Bituminous Casualty Company 249 So. 2d 338 La. Ct. App. 4th Cir. 1971
(1954) for a similar situation, which we consider to be decisive of the question here.
Roberie v. Ashy Construction Company 215 So. 2d 857 La. Ct. App. 3d Cir. 1969
Ranzino v. Allstate Insurance Company 210 So. 2d 907 La. Ct. App. 1st Cir. 1968
See for example, , ; Williams v. Travelers Insurance Company, La.App., ; Fruge v. Hub City Iron Works, Inc., La.App., .
Guillory v. New York Fire and Marine Insurance Co. 201 So. 2d 366 La. Ct. App. 3d Cir. 1967
Steadman v. Pearl Assurance Co., cited above, at ; , ; Sensat v. State Farm Fire and Cas.
Sensat v. State Farm Fire and Casualty Company 176 So. 2d 804 La. Ct. App. 3d Cir. 1965
4th Cir., ; , ; Williams v. Travelers Insurance Co., La.App.
Smith v. Travelers Insurance Company 174 So. 2d 241 La. Ct. App. 3d Cir. 1965
Steadman v. Pearl Assurance Company 167 So. 2d 527 La. Ct. App. 4th Cir. 1964
Redding v. Cade 158 So. 2d 880 La. Ct. App. 3d Cir. 1963
[2] , , the claimant's counsel did attempt to raise the issue.
Parish v. Standard Accident Insurance Company 158 So. 2d 892 La. Ct. App. 3d Cir. 1963
1 Cir., , affirmed, , ) or unskilled (Fontenot v. Goldenstern Pipe and Supply Co., La.App.
Williams v. Travelers Insurance Company 157 So. 2d 356 La. Ct. App. 3d Cir. 1963
affirming ; Cummings v. Albert, La.App.
Parker v. Laclede Steel Co. 154 So. 2d 98 La. Ct. App. 1st Cir. 1963
He then argues that since the fact that plaintiff had some disability was not in dispute, the insuror acted arbitrarily in failing to malee any payments, , .
Anderson v. Rowan Drilling Company 150 So. 2d 828 La. Ct. App. 3d Cir. 1963
1 Cir., (affirmed, , ), as authority for his argument that a roughneck must be classified as a skilled worker.
Milliet v. Employers Liability Assurance Corp. 148 So. 2d 825 La. Ct. App. 1st Cir. 1963
341 , ; , ; Talbot v. Trinity Universal Insurance Company, La.App., ; Lyons v. Swift & Company, La.App., .
Shuff v. Liberty Mutual Insurance Company 134 So. 2d 707 La. Ct. App. 3d Cir. 1961
Co., , ; Wright v. National Surety Corp., 221 La.
Fruge v. Hub City Iron Works, Inc. 131 So. 2d 593 La. Ct. App. 3d Cir. 1961
Co., , ; Wright v. National Surety Corp., 221 La.
Lethermon v. American Insurance Co. 129 So. 2d 507 La. Ct. App. 1st Cir. 1961
Also, appropriate in this regard is a discussion of penalties and attorney’s fees by Justice Hawthorne, the organ of the Court, in Fruge v. Pacific Employers Insurance Company, *511 1954, , -721.
Monk v. Louisiana Forestry Commission 124 So. 2d 351 La. Ct. App. 3d Cir. 1960
Co., La.App., ; Id., , ; Morgan v. American Bitumuls Co., 217 La.
Broussard v. Dumas Chevrolet Company 120 So. 2d 863 La. Ct. App. 1st Cir. 1960
486 , ; , ; Seal v. Lionel F. Favret Co., Inc., 238 La.
Sumrall v. JC Penney Company 120 So. 2d 67 La. 1960
Co., , ; and Cummings v. Albert, La.App., .
Darby v. Johnson 118 So. 2d 707 La. Ct. App. 1st Cir. 1960
Seal v. Lionel F. Favret Company 113 So. 2d 468 La. 1959
we held that though there may have been a bona fide dispute between the insurer and employer as to whether the latter was entitled to compensation for total and permanent disability, that the insurer could not have been in good faith when there could not have been any dispute as to plaintiff’s disabil
Spears v. Traders & General Insurance 111 So. 2d 197 La. Ct. App. 1st Cir. 1959
Moore v. Great American Indemnity Co. 106 So. 2d 771 La. Ct. App. 1st Cir. 1958
it was said : “We can concede that defendant may have been in good faith in refusing to pay plaintiff compensation for total and permanent disability on the ground that there existed a bona fide dispute between them as to whether compensation was due for such disability.
Humphreys v. Marquette Casualty Co. 103 So. 2d 895 La. 1958
Thomas W. Hooley & Sons v. Zurich General Accident & Liability Insurance 103 So. 2d 449 La. 1958
Co., , , affirming La.App., ; Cummings v. Albert, La.App., 1 Cir., .
Green v. Harper 103 So. 2d 474 La. Ct. App. 1st Cir. 1958
968 , ; , ; Id., La.App., ; Reeve v. Clement-Braswell Machine & Fabricating Works, La.App., .
Trahan v. Louisiana State Rice Milling Company 100 So. 2d 914 La. Ct. App. 1st Cir. 1958
Co., La.App., ; Id., , ; Morgan v. American Bitumuls Co., 217 La.
Hall v. Pipe Line Service Corporation 98 So. 2d 202 La. 1957
Finley v. Hardware Mutual Insurance 96 So. 2d 238 La. Ct. App. 1st Cir. 1957
1955, ; Fruge v. Pacific Employers Insurance Company, La.App.1954, , affirmed , 76 So.
Patterson v. Cargo Services 95 So. 2d 49 La. Ct. App. 1st Cir. 1957
486 , ; , ; Cummings v. Albert, La.App., .
Reed v. Calcasieu Paper Co. 93 So. 2d 263 La. Ct. App. 1st Cir. 1957
1 Cir., , affirmed , ; Strother v. Standard Accident Ins.
Bean v. Higgins, Inc. 88 So. 2d 30 La. 1956
Co., La.App., ; Id., , ; Morgan v. American Bitumuls Co., 217 La.
Welch v. Newport Industries 86 So. 2d 704 La. Ct. App. 1st Cir. 1956
1 Cir., , affirmed as to other grounds , ; Strother v. Standard Accident Ins.
Bickham v. Lester J. Danner, Inc. 86 So. 2d 564 La. Ct. App. 1st Cir. 1956
Co., La.App., , decided by our brothers of the First Circuit (writs refused except to review the assessment of penalties— So.2d 719 ), it was held that an oil well roughneck, a member of a drilling crew, was a skilled workman.
Todd v. Sunnyland Contracting Co. 85 So. 2d 537 La. Ct. App. 4th Cir. 1956
Co., , , the Supreme Court, after granting a writ of certiorari, affirmed a holding of the Court of Appeal for the First Circuit, La.App., , to the effect that a rough neck is a skilled laborer.
Michel v. Maryland Casualty Company 81 So. 2d 36 La. Ct. App. 1st Cir. 1955
486 , ; Fruge v. Pacific Employers Insurance Company, La.App., 1 Cir., , affirmed on other grounds , 76 So.
Cummings v. Albert 86 So. 2d 727 La. Ct. App. 1st Cir. 1955
1 Cir., , affirmed as to other grounds , ; Strother v. Standard Accident Ins.