Carignan v. LOUISIANA COMPRESSOR MAINT. CO.

836 So. 2d 476, 2002 WL 31888178
CourtLouisiana Court of Appeal
DecidedDecember 30, 2002
Docket2002 CA 0180
StatusPublished
Cited by4 cases

This text of 836 So. 2d 476 (Carignan v. LOUISIANA COMPRESSOR MAINT. CO.) 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
Carignan v. LOUISIANA COMPRESSOR MAINT. CO., 836 So. 2d 476, 2002 WL 31888178 (La. Ct. App. 2002).

Opinion

836 So.2d 476 (2002)

Roger Paul CARIGNAN
v.
LOUISIANA COMPRESSOR MAINTENANCE COMPANY and Louisiana Workers' Compensation Corporation.

No. 2002 CA 0180.

Court of Appeal of Louisiana, First Circuit.

December 30, 2002.

*478 Frank A. Bruno, New Orleans, for Plaintiff-Appellee Roger Paul Carignan.

Ashley Ragusa, Johnson, Stiltner & Rahman, Baton Rouge, for Defendants-Appellants Louisiana Compressor Maintenance Company and Louisiana Workers' Compensation Corporation.

Before: PARRO, JAMES, and PATTERSON, JJ.[1]

PARRO, J.

In this workers' compensation case, an employer appeals the judgment of the Office of Workers' Compensation Administration granting its former employee's claim for continued supplemental earnings benefits (SEB).[2] For the following reasons, the judgment is amended and, as amended, affirmed.

Factual Background and Procedural History

On January 11, 2000, Roger Carignan (Carignan) was working in the course and scope of his employment as a mechanic's helper with Louisiana Compressor Maintenance Company (LCM) when he sustained a crushing injury to the thumb on his right hand.[3] Two days after the accident, Carignan returned to work with instructions from his treating physician that he be limited to work involving the use of one arm. Based on this restriction, he was assigned to work in the tool room. While working in the tool room, Carignan's pay was based on the same hourly rate that he earned as a mechanic's helper, $11.25 per hour. As a tool room worker, Carignan had the opportunity to work at least 40 hours per week.[4] Check stubs reflect that Carignan worked less than 40 hours during some weeks. Carignan acknowledged that he sometimes left work early on Fridays so that he could get to his home in Carriere, Mississippi, sooner. Carignan complained to his supervisors that the job in the tool room required that he lift tools with both hands in violation of the work restrictions assigned by his treating physician. He was authorized to seek the assistance of the person who requested tools in retrieving the items. Additionally, Shawn Cannon (Cannon), LCM's human resources manager since April 2000, was informed by Carignan *479 that the men were giving him a hard time and accusing him of not working up to his capability. Cannon testified that he assured Carignan that he was being productive and that he had a job for as long as he was capable of performing the required duties of a tool room clerk. Nonetheless, Cannon confirmed that his assignment to the tool room was temporary and would end when his help was no longer needed there or Carignan was released to full duty and could return to his job as a mechanic's helper.

On Friday, May 5, 2000, after being treated conservatively for four months, surgery was performed on his right thumb. Carignan testified that he returned to work on the following Monday.[5] In June 2000, while Carignan was contemplating leaving LCM, Cannon advised Carignan that LCM was in the process of finalizing a contract with an offshore customer. The contract would require, among other employees, two maintenance coordinators. Cannon informed Carignan that he was being considered for one of the maintenance coordinator positions, which was to pay $20 per hour, because of his computer skills and maintenance background. Carignan visited the job site and advised Cannon that he was interested in the job. Admittedly, the maintenance coordinator position, which was of a sedentary nature involving mostly inside computer work scheduling maintenance for compressors used in the oilfield, was within his physical capabilities. Carignan was notified that he would be given one of the positions as soon as the contract was finalized. Cannon acknowledged that at the time the job was offered to Carignan, LCM was not sure that negotiations would result in it being awarded the contract. Nonetheless, based on negotiations that had taken place thus far, LCM had a good feeling that it would be granted the contract.

Carignan's attendance card indicates that he last reported to work in the tool room on Thursday, July 20, 2000. However, his check stub reveals that he was paid for 37.25 hours of regular time during the week of July 22 to July 28, as well as five hours of regular time for the July 29 through August 4 pay period. According to Carignan, he decided to quit his job at LCM because he thought that he had no future with LCM and that it was time to find something else. Cannon testified that Carignan simply stopped showing up for work, without notice.

By mid August 2000, the contract was finalized, and LCM began work under the contract. One of the maintenance coordinators for this job began working on August 19, 2000, earning no less than $4,700 per month at a rate of $18 per hour. Cannon testified that Carignan would have been given the other position of maintenance coordinator for this job had he been employed with LCM when the contract was finalized. The job that would have been given to Carignan was not filled until September 2000. Cannon explained that although LCM's contract lasted for only one year, another comparable maintenance coordinator position became available soon afterwards.

Carignan held several jobs after he quit his job at LCM. He worked for the City of Picayune for approximately two months, beginning in October 2000, as a pipe fitter at a rate of $6.65 per hour. He next worked as a mechanic with Coles Rental World (Coles) for approximately six *480 months, earning $8.50 per hour doing primarily small engine repair work. Upon leaving Coles on June 23, 2001, he went to work for Thompson Packers (Thompson) as a night manager for an annual salary of $30,000 and worked there for three months. Because the number of hours that he was required to work exceeded company representations and because of the pain experienced from working in a cold warehouse, Carignan quit his job with Thompson a few weeks before trial and began working as a general laborer for Slidell Landfill on September 4, 2001, earning $8 per hour.

After considering this evidence, the workers' compensation judge (WCJ) awarded SEB in favor of Carignan for the period of January 11, 2000, to July 29, 2000, during which period Carignan was assigned to work in the tool room. Additionally, the WCJ ordered that Carignan was entitled to continued SEB, penalties, and attorney fees. In this appeal, LCM challenges only the WCJ's determination relative to Carignan's entitlement to SEB after July 29, 2000. Carignan filed an answer to LCM's appeal seeking additional attorney fees and penalties for the work on appeal.

Applicable Law and Standard of Review

The particular statute at issue in the instant case is LSA-R.S. 23:1221(3), the SEB provision. The threshold prerequisite to recovery of SEB, as set forth in subparagraph (3)(a) of that statute, is that the employee's injury results in his inability to earn wages equal to ninety percent or more of the wages he was earning at the time of the injury. Daigle v. Sherwin-Williams Company, 545 So.2d 1005, 1007 (La.1989); Payne v. Country Pride Foods, Ltd., 525 So.2d 106, 109 (La.App. 3rd Cir. 1988). The injured employee bears the burden of proving by a preponderance of the evidence that the injury resulted in his inability to earn that amount. Daigle, 545 So.2d at 1007. The analysis is necessarily a facts and circumstances one in which the court is mindful of the jurisprudential tenet that workers' compensation law is to be liberally construed in favor of coverage. Daigle, 545 So.2d at 1007.

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Cite This Page — Counsel Stack

Bluebook (online)
836 So. 2d 476, 2002 WL 31888178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carignan-v-louisiana-compressor-maint-co-lactapp-2002.