Summary
The Supreme Court of Louisiana held that judicial interest does not automatically accrue on an attorney-fee award in a workers’ compensation judgment when interest was neither requested nor awarded. The court concluded that Louisiana Revised Statutes § 23:1201.3 does not authorize interest on attorney fees or penalties, reversed the court of appeal, and reinstated the workers’ compensation judge’s judgment. The court also overruled conflicting decisions to the extent they supported automatic interest on such awards.
Holdings
- Judicial interest does not automatically accrue on an attorney-fee award in a workers' compensation judgment when interest was not prayed for and was not included in the judgment, unless interest is otherwise allowed by law.
- Quarles fully paid the award payable because no judicial interest accrued on the attorney-fee award; Smith was therefore not entitled to additional penalties or attorney fees under La. Rev. Stat. § 23:1201(G).
- George v. Guillory and Kortz v. Colt Energy Services, Inc. are overruled insofar as they conflict with the rule that interest does not automatically attach to workers' compensation attorney-fee and penalty awards.
Questions Presented
- Whether judicial interest automatically attaches to an award of attorney fees in a workers' compensation judgment when interest was neither requested nor included in the judgment.
- Whether the absence of interest on the attorney-fee award meant that Quarles failed to pay the full award payable within thirty days under La. Rev. Stat. § 23:1201(G), thereby entitling Smith to additional penalties and attorney fees.
- Whether La. Rev. Stat. § 23:1201.3(A) authorizes judicial interest on workers' compensation attorney-fee and penalty awards.
Disposition
reversed
Cases Cited (21)
- Smith v. Quarles Drilling Co., 801 So. 2d 1128 (La. App. 3 Cir. 2001)(procedural history)
- Smith v. Quarles Drilling Co., 811 So. 2d 943 (La. 2002)(procedural history)
- Smith v. Quarles Drilling Co., 865 So. 2d 123 (La. App. 3 Cir. 2003)(procedural history)
- Smith v. Quarles Drilling Co., 869 So. 2d 864 (La. 2004)(procedural history)
- Smith v. Quarles Drilling Co., 741 So. 2d 829 (La. App. 3 Cir. 1999)(prior history)
- Smith v. Quarles Drilling Co., 751 So. 2d 227 (La. 1999)(prior history)
- Smith v. Quarles Drilling Co., 669 So. 2d 420 (La. 1996)(prior history)
- George v. Guillory, 776 So. 2d 1200 (La. App. 3 Cir. 2000)(overruled)
- Kortz v. Colt Energy Services, Inc., 698 So. 2d 460 (La. App. 5 Cir. 1997)(overruled)
- Crooks v. Town of Ball, 649 So. 2d 597 (La. App. 3 Cir. 1994)(discussed)
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