Bergeron v. Watkins

731 So. 2d 399, 1999 WL 216576
CourtLouisiana Court of Appeal
DecidedMarch 2, 1999
Docket98 CA 0717
StatusPublished
Cited by20 cases

This text of 731 So. 2d 399 (Bergeron v. Watkins) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bergeron v. Watkins, 731 So. 2d 399, 1999 WL 216576 (La. Ct. App. 1999).

Opinion

731 So.2d 399 (1999)

Kenneth M. BERGERON
v.
Edward Lee WATKINS d/b/a Cabinet Man.

No. 98 CA 0717.

Court of Appeal of Louisiana, First Circuit.

March 2, 1999.

*400 Julie A. Steed, Metairie, Louisiana, Walter A. Bond, Baton Rouge, Louisiana, for defendants/appellants, Edward Lee Watkins d/b/a Cabinet Man and Louisiana Workers' Compensation Administration.

Robert C. Lowther, Jr., Covington, Louisiana, for plaintiff/appellee, Kenneth M. Bergeron.

BEFORE: GONZALES, PARRO and FITZSIMMONS, JJ.

GONZALES, J.

This is an appeal by an employer and his workers' compensation insurer, challenging a trial court judgment holding each of them liable for penalties and attorney fees in connection with the handling of a former employee's workers' compensation claim.

FACTUAL AND PROCEDURAL BACKGROUND

Kenneth M. Bergeron was employed as a helper by Edward Lee Watkins, d/b/a Cabinet Man (Mr. Watkins), whose business was cabinet installation and countertop finishing. On January 10, 1997, Mr. Watkins and Mr. Bergeron were carrying a heavy countertop at a jobsite when Mr. Bergeron stepped on a brick and fell, injuring his right knee. That evening, Mr. Bergeron's wife took him to the Lakeview Regional Medical Center emergency room in Covington, Louisiana, where he was diagnosed with an acute right knee ligamentous injury with mild knee effusion, placed in a knee immobilizer, instructed to walk with crutches, and told to consult an orthopedist in three to four days.

According to Mr. Bergeron, he telephoned Mr. Watkins from the emergency room to inquire about the existence of workers' compensation insurance. Although Mr. Watkins did not recall speaking to Mr. Bergeron on the telephone, Mr. Bergeron claims Mr. Watkins told him that he did not have workers' compensation insurance. Mr. Watkins denied making this statement. Mr. Watkins did in *401 fact have insurance with Louisiana Workers' Compensation Corporation (LWCC).

Mr. Bergeron thereafter filed a disputed claim for compensation benefits with the Office of Workers' Compensation. Mr. Watkins and LWCC received notice that the claim had been filed on February 17, 1997. LWCC began paying compensation benefits to Mr. Bergeron on April 3 or 4, 1997, the day it received a medical report from Dr. John B. Logan, an orthopedist, indicating Mr. Bergeron was temporarily, totally disabled.

On June 26, 1997, the matter proceeded to trial before the workers' compensation judge and was then taken under advisement. On December 16, 1997, the workers' compensation judge signed a judgment in favor of Mr. Bergeron, finding (1) Mr. Watkins liable for $4,400.00 in penalties and attorney fees for failing to timely report Mr. Bergeron's accident to his workers' compensation insurer and the Office of Workers' Compensation, and (2) LWCC liable for $9,500.00 in penalties and attorney fees for failing to diligently investigate and process Mr. Bergeron's claim and timely pay benefits to which he was entitled.

Mr. Watkins and LWCC (defendants) appeal from this adverse judgment, asserting the following assignments of error:

1. The workers' compensation judge was manifestly erroneous in finding arbitrary and capricious conduct on the part of LWCC.
2. The workers' compensation judge was manifestly erroneous in finding arbitrary and capricious conduct on the part of Mr. Watkins.
3. The workers' compensation judge was manifestly erroneous in imposing excessive penalties and attorney fees upon the defendants.

Mr. Bergeron answered the appeal, seeking reimbursement of costs and attorney fees associated with answering and defending the appeal and also challenging the appeal as frivolous.

PENALTIES AND ATTORNEY FEES

The first installment of compensation payable for temporary total disability, permanent total disability, or death shall become due on the fourteenth day after the employer or insurer has knowledge of the injury or death, on which date all such compensation then due shall be paid. La. R.S. 23:1201(B). Louisiana Revised Statute 23:1201(F) provides for the imposition of a penalty when the employer or insurer fails to timely pay, together with reasonable attorney fees.[1] However, penalties *402 and attorney fees are not to be assessed if the claim is reasonably controverted or if such nonpayment results from conditions over which the employer or insurer had no control. La.R.S. 23:1201(F)(2). A workers' compensation judge's determination as to penalties and attorney fees is ultimately one of fact and his finding should not be disturbed on appeal absent manifest error. Kennedy v. Johnny F. Smith Trucking, 94-0618 (La.App. 1 Cir. 3/3/95), 652 So.2d 526, 531.

1. Liability of Mr. Watkins, the employer

The workers' compensation judge found Mr. Watkins liable to Mr. Bergeron for penalties and attorney fees. In reasons for judgment, the workers' compensation judge indicated the award against Mr. Watkins was based on his failure to timely report Mr. Bergeron's accident. The workers' compensation judge correctly determined Mr. Watkins had a duty to report Mr. Bergeron's accident. According to La.R.S. 23:1306, within ten days of actual knowledge of injury resulting in lost time in excess of one week after injury, an employer shall report the injury to his workers' compensation insurer and the Office of Workers' Compensation (OWC). However, we find no authority for the imposition of penalties and attorney fees upon Mr. Watkins for the breach of his duty to report. Statutes allowing for the imposition of penalties and attorney fees are penal in nature and must be strictly construed. Triche v. Regional Electric & Construction, Inc., 95-0105 (La.App. 1 Cir. 10/6/95), 671 So.2d 425, 434. Although La.R.S. 23:1201(F) allows for the imposition of penalties and attorney fees for the failure to timely pay compensation benefits and/or medical benefits, neither this statute, nor any other statute applicable to workers' compensation claims, allows for the imposition of penalties and attorney fees for an employer's failure to timely report an accident. Therefore, the workers' compensation judge erred by concluding Mr. Watkins' failure to timely report Mr. Bergeron's accident subjected him to liability for penalties and attorney fees.

While the workers' compensation judge may have given the wrong reason, he did, however, reach the proper result in assessing penalties and attorney fees against Mr. Watkins. Because appellate review lies only from the workers' compensation judge's judgment, not the reasons therefor, we affirm the imposition of penalties and attorney fees for a different reason. Regardless of the trier of fact's reasons, if a judgment is correct, it should be affirmed. Andre v. Construction Material Shop, 93-1212 (La.App. 1 Cir. 3/11/94), 633 So.2d 1313, 1318.

The record indicates Mr. Watkins had knowledge of Mr. Bergeron's injury on January 10, 1997, the date the accident occurred, because he actually witnessed Mr. Bergeron trip over the brick which caused him to fall and injure his knee. Mr. Watkins testified that Mr. Bergeron worked for the rest of the day but did not return to work after the day of the accident. He stopped by Mr. Bergeron's house four or five days after the accident and saw that he was wearing a splint on his leg to keep it immobilized. Mr. Watkins suggested to Mr. Bergeron that he see Dr. Roch Hontas and offered to give Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

South Lafourche Levee District v. Jarreau
192 So. 3d 214 (Louisiana Court of Appeal, 2016)
Racca v. Acme Truck Lines, Inc.
115 So. 3d 1222 (Louisiana Court of Appeal, 2013)
Lester Racca v. Acme Truck Lines, Inc.
Louisiana Court of Appeal, 2013
Nitcher v. Northshore Regional Medical Center
92 So. 3d 1001 (Louisiana Court of Appeal, 2012)
Brock v. CARONNA
8 So. 3d 22 (Louisiana Court of Appeal, 2009)
Jennings v. Ryan's Family Steak House
984 So. 2d 31 (Louisiana Court of Appeal, 2007)
Payne v. Orleans Parish School Bd.
929 So. 2d 121 (Louisiana Court of Appeal, 2006)
Doe v. Breedlove
906 So. 2d 565 (Louisiana Court of Appeal, 2005)
Peters v. Harmsen
879 So. 2d 157 (Louisiana Court of Appeal, 2004)
Isaac v. Lathan
836 So. 2d 191 (Louisiana Court of Appeal, 2002)
Killett v. Sanderson Farms
818 So. 2d 853 (Louisiana Court of Appeal, 2002)
Champagne v. STATE, LOUISIANA STATE UNIV.
819 So. 2d 1059 (Louisiana Court of Appeal, 2002)
Taylor v. Wyandotte
805 So. 2d 235 (Louisiana Court of Appeal, 2001)
Weems v. Dixie Lion Warehouse & Cartige Co.
809 So. 2d 305 (Louisiana Court of Appeal, 2001)
Hillman v. Comm-Care, Inc.
782 So. 2d 1147 (Louisiana Court of Appeal, 2001)
Insurance Co. of North America v. Labit
772 So. 2d 385 (Louisiana Court of Appeal, 2000)
Braud v. First Nat. Bank of Gonzales
763 So. 2d 829 (Louisiana Court of Appeal, 2000)
Matthews v. VIP International, Inc.
762 So. 2d 1152 (Louisiana Court of Appeal, 2000)
Hurt v. Superior Cable Installation, Inc.
762 So. 2d 705 (Louisiana Court of Appeal, 2000)
Haws v. Professional Sewer Rehabilitation, Inc.
763 So. 2d 683 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
731 So. 2d 399, 1999 WL 216576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergeron-v-watkins-lactapp-1999.