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POISSENOT v. ST. BERNARD PARISH SHERIFF'S

No. 2009-C-2793.

56 So.3d 170 (2011)

Emile POISSENOT v. ST. BERNARD PARISH SHERIFF'S OFFICE.

Supreme Court of Louisiana.

Rehearing Denied March 4, 2011.

Attorney(s) appearing for the Case

Gutierrez & Hand, Salvador E. Gutierrez, Jr., Mary Ann Hand, Chalmette, LA, for Applicant.

Robert Angelle, Metairie, LA, for Respondent.

VICTORY, J.*

In this workers' compensation case, the workers' compensation judge ("WCJ") awarded claimant supplemental earnings benefits ("SEBs"), penalties, and attorney fees, finding the employer's failure to pay benefits arbitrary and capricious. The court of appeal affirmed. We granted certiorari to determine whether the lower courts used the correct standard in determining the claimant was entitled to SEBs. For the reasons that follow...

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