City of Natchitoches v. Williams

657 So. 2d 320, 1995 WL 313024
CourtLouisiana Court of Appeal
DecidedMay 24, 1995
Docket94-1411
StatusPublished
Cited by4 cases

This text of 657 So. 2d 320 (City of Natchitoches v. Williams) 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
City of Natchitoches v. Williams, 657 So. 2d 320, 1995 WL 313024 (La. Ct. App. 1995).

Opinion

657 So.2d 320 (1995)

CITY OF NATCHITOCHES, Plaintiff-Appellee,
v.
Huey P. WILLIAMS, Defendant-Appellant.

No. 94-1411.

Court of Appeal of Louisiana, Third Circuit.

May 24, 1995.

*321 Christopher Richard Philipp, Lafayette, for City of Natchitoches.

George Arthur Flournoy, Alexandria, for Huey P. Williams.

Before DECUIR, AMY and SULLIVAN, JJ.

AMY, Judge.

This case arises out of an accident which injured Huey P. Williams, an employee of the City of Natchitoches (hereafter "the City"). Mr. Williams appeals the worker's compensation hearing officer's award to the City of a disability retirement credit to be applied against the worker's compensation benefits the City must pay Mr. Williams.

FACTS

Mr. Williams was injured in a work-related accident on February 1, 1988. He had not yet reached the age at which he would be eligible for normal retirement benefits from the Municipal Employees Retirement System (hereafter "MERS"), but, by virtue of his disability and the length of his employment with the City, he was eligible to have MERS pay him disability retirement benefits. From October 1, 1988, the effective date of his disability retirement, he received disability retirement benefits along with worker's compensation benefits from his employer.

The City brought suit to obtain an offset for the disability benefits it had contributed to MERS, and the hearing officer found that the City was due an offset of 58% of Mr. *322 Williams' disability retirement benefits retroactive to the date of judicial demand.[1] Mr. Williams appeals this award, alleging two assignments of error: first, that the hearing officer incorrectly awarded the City credit for its contribution to Mr. Williams' disability retirement fund; and second, that the percentage rate used by the hearing officer to calculate the disability retirement credit was incorrect.

CREDIT FOR CONTRIBUTION FOR DISABILITY BENEFITS

Mr. Williams first argues that the City failed to give actuarial proof of which percentage of its contributions to his MERS account funded disability benefits and which portion funded retirement benefits; this failure, he contends, prevents the City from receiving a setoff.

The reduction of compensation benefits is provided for by La.R.S. 23:1225(C)(1).[2] Recognizing that an employee who suffers injury sufficient to cause loss of wages and who consequently receives worker's compensation benefits may also be receiving benefits from other sources, the legislature created the statute to coordinate wage-loss benefits, preventing duplication of payments from specifically enumerated sources. Matthews v. City of Alexandria, 619 So.2d 57 (La.1993); Cousins v. City of New Orleans, 608 So.2d 978 (La.1992).

An employer seeking a reduction in the worker's compensation he must pay is required to prove both that he is entitled to a credit under La.R.S. 23:1225(C)(1) and the amount of that credit. Matthews, 619 So.2d 57; Vallery v. State, 605 So.2d 1380 (La.App. 3 Cir.), writ denied, 609 So.2d 225 (La.1992). In order to receive a credit for disability benefits, the employer must first prove that the employee is in fact receiving disability retirement benefits. Matthews, 619 So.2d 57. Mr. Williams' assignments of error speak only to the amount of the credit. The City's entitlement to a credit, which was proven in the trial court, is not at issue on appeal.

While reduction in compensation benefits is allowed for "benefits under disability benefit plans in the proportion funded by the employer," an employer may not use the employee's receipt of normal retirement benefits as grounds for reduction since such benefits are not among those sources of remuneration from which the statute permits reduction. La.R.S. 23:1225(C)(1)(c). Absent an agreement to the contrary, the total of all wage-loss benefits a claimant may receive from those sources listed in the statute is capped at sixty-six and two-thirds percent of the claimant's average weekly wage at the time of his accident. La.R.S. 23:1225(C)(1).

As a State retirement system, MERS is required by the Louisiana Constitution to be actuarially sound. La.Const. art. X, § 29.[3] In Vallery, this court considered the *323 proof which an employer must submit to establish entitlement to an offset under an actuarially-sound system. Vallery, a state employee, was injured during the course and scope of her employment. She began receiving monthly disability retirement benefits from the Louisiana State Retirement System as well as worker's compensation benefits. At trial, the State introduced evidence that it had made 54% of the contributions to Vallery's retirement fund and that she had made 46% of the contributions. The State argued that it was entitled to reduce the worker's compensation benefits which it was paying to Vallery by 54%, the percentage it had contributed. The Vallery court concluded that the State could not offset the entire amount which it had paid into the system on Vallery's behalf. Even though Vallery was not eligible for normal retirement, this court determined that payments made by the employer were comprised of contributions funding both disability benefits and normal retirement benefits. In that case, the court concluded that the State had not proven that it was entitled to reduce the compensation benefits which it was paying to Vallery because there was no evidence submitted as to "what part of Vallery's monthly disability retirement benefit was disability funded, and what part was retirement funded.... It is only for its proportion of funding of the disability benefit that the State is entitled to a reduction. The State may not lump its funding for retirement benefits and disability benefits together and claim a reduction for the full amount." Id. at 1383.

Thus, in Vallery, this court required an employer who has made contributions to an actuarially-sound system and who desires to offset compensation benefits to "produce[] expert actuarial testimony to establish the proportion of its funding of [the employee's] disability benefit." Vallery, 605 So.2d at 1383 (emphasis added). Vallery placed the focus of the analysis on the categorization of the money the employer puts into the employee's account, not of that paid out. See also Nugent v. Dept. of Health & Human Res., 617 So.2d 1347 (La.App. 3 Cir.1993); Spinks v. Dept. of Health & Human Resources, 605 So.2d 1384 (La.App. 3 Cir.1992).

Subsequent to Vallery, the Louisiana Supreme Court took up the question of the employer's burden of proof when seeking an offset under La.R.S. 23:1225(C)(1). In Matthews, 619 So.2d 57, the supreme court held that an employer proved the amount of credit due it first by showing that the employee was receiving disability benefits rather than normal retirement benefits and then by proving the proportion of funds contributed by the employer to those contributed by the employee. The supreme court focused on the type of benefits the employee received, i.e., on how the funds contributed were ultimately expended in the case of the Matthews claimants. Although Matthews involved a non-actuarially-sound system, the supreme court did not specifically limit its rule to such systems. Our supreme court in that decision did not remark on the correctness of Vallery,

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Cite This Page — Counsel Stack

Bluebook (online)
657 So. 2d 320, 1995 WL 313024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-natchitoches-v-williams-lactapp-1995.