Louisiana Court of Appeal April 10, 2012, No. 11-CA-645 (Scardino v. LUBA)

ROBERTA. CHAISSON, Judge.

12This is an appeal by Favalora Constructors, Inc., an employer, and LUBA, its insurer, from a judgment in this workers’ compensation action awarding benefits, penalties and attorney fees to Donald Scardino, an employee injured in a workplace accident. For the following reasons, we affirm the award of benefits, but vacate the awards for penalties and attorney fees.