# Romero v. Garan's, Inc.

> Louisiana Court of Appeal · December 26, 2013 · 13 La.App. 3 Cir. 482

URL: https://www.frixlaw.com/law-library/cases/4808161

## Case

- **Full name:** Dena ROMERO v. GARAN'S, INC.
- **Court:** Louisiana Court of Appeal
- **Decided:** December 26, 2013
- **Citations:** 13 La.App. 3 Cir. 482; 130 So. 3d 451; 2013 La. App. LEXIS 2870; 2013 WL 6834784
- **Precedential status:** Published
- **Opinion:** Dissent by Keaty
- **Judges:** Amy, Conery, Cooks, Ezell, Genovese, Gremillion, Keaty, Painter, Peters, Pickett, Saunders, Thibodeaux
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4808161

## Opinion text

KEATY, Judge,
dissenting in part.
For the reasons assigned in Cook v. Family Care Services, Inc., 13-108 (La.App. 3 Cir. 8/28/13) , 121 So.3d 1274 , I find no error in the WCJ’s retroactive application of La.R.S. 23:1203.1 to deny Ms. Romero’s claim for penalties and attorney fees based on Garan’s initial refusal to authorize the facet-nerve' ablation recommended by Dr; Jindia. Thus, I disagree with the majority’s decision to overrule Cook, to reverse the WCJ’s denial of Ms. Romero’s claim for penalties and attorney fees based on its finding that La.R.S. 23:1203.1 is substantive and should only apply prospectively, and to award Ms. Romero $2,000.00 in penalties and an additional $2,500.00 in attorney fees under La. R.S 23:1201(F) as it existed at the time of Ms. Romero’s injury. Accordingly, I respectfully dissent from that portion of the majority opinion. In all other respects, I agree with the majority opinion..

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4808161. Public record. Not legal advice.