Desselle v. Liberty Mut. Ins. Co.

482 So. 2d 1009, 1986 La. App. LEXIS 6022
CourtLouisiana Court of Appeal
DecidedFebruary 5, 1986
Docket84-1031
StatusPublished
Cited by6 cases

This text of 482 So. 2d 1009 (Desselle v. Liberty Mut. Ins. 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
Desselle v. Liberty Mut. Ins. Co., 482 So. 2d 1009, 1986 La. App. LEXIS 6022 (La. Ct. App. 1986).

Opinion

482 So.2d 1009 (1986)

R. Nell DESSELLE, Plaintiff-Appellant,
v.
LIBERTY MUTUAL INSURANCE COMPANY, et al., Defendants-Appellees.

No. 84-1031.

Court of Appeal of Louisiana, Third Circuit.

February 5, 1986.

*1010 Michael W. Shannon, Alexandria, for plaintiff-appellant.

James A. Bolen, Jr. of Bolen & Erwin, Alexandria, for defendants-appellees.

Before GUIDRY, FORET and DOUCET, JJ.

GUIDRY, Judge.

This is an appeal from a judgment sustaining the defendants' exceptions of prescription and no cause and no right of action, and dismissing the plaintiff's suit with prejudice. We affirm.

Plaintiff's spouse was injured on July 29, 1981 while in the course and scope of his employment. He received worker's compensation benefits until his death on November 22, 1983. The decedent's demise occurred more than two years after the date of the work related injury. On April 18, 1984, some thirty-three months after the accident, plaintiff-appellant, the alleged dependent widow of decedent, filed suit for death benefits under the compensation scheme. After defendants filed exceptions of prescription, no right and no cause of action, the plaintiff was allowed to file a supplemental and amending petition alleging that La-R.S. 23:1231 violates substantive and procedural due process and equal protection rights under the state and federal constitutions.

The issues presented here are whether a dependent spouse has a cause of action for worker's compensation death benefits if the death of the injured employee occurs more than two years after the date of the accident, and whether La.R.S. 23:1231 violates the state or federal constitutions.

Initially we will discuss and resolve the various constitutional claims that the appellant has asserted.

Appellant argues that the application of La.R.S. 23:1231 denies to appellant equal protection of the law and violates substantive due process.[1]

*1011 In Bazley v. Tortorich, 397 So.2d 475 (La.1981), the guidelines for examining constitutional challenges against statutes raising substantive due process and equal protection issues were succinctly set forth as follows:

"The basic framework of analysis of such a claim is well settled. We must decide, first, whether the legislation operates to the disadvantage of some suspect class or impinges on a fundamental right explicitly or implicitly protected by the constitution, thereby requiring strict judicial scrutiny. If not, the legislative scheme must still be examined to determine whether it rationally furthers some legitimate, articulated state purpose and therefore does not constitute an invidious discrimination. Maker v. Roe, 432 U.S. 464, 97 S.Ct. 2376, 53 L.Ed.2d 484 (1977); San Antonio School District v. Rodriguiz, 411 U.S. 1, 93 S.Ct. 1278, 36 L.Ed.2d 16 (1973); Burmaster v. Gravity Drainage Dist. No. 2, 366 So.2d 1381, 1387-88 (La.1978); Everett v. Goldman, 359 So.2d 1256 (La.1978); Succession of Robins, 349 So.2d 276 (La.1977)."

This case does not involve a suspect class or a semi-suspect class. A dependent, as described in La.R.S. 23:1231, does not come within the limited category of disadvantaged classes recognized by the Supreme Court. As stated in Bazley, supra:

"The statute does not classify persons on the basis of race, alienage, national origin, sex, or discriminate against discrete and insular minorities. Graham v. Richardson, 403 U.S. 365, 91 S.Ct. 1848, 29 L.Ed.2d 534 (1971); United States v. Carolene Product Co., 304 U.S. 144, 152 n.4, 58 S.Ct. 778, 783 n.4, 82 L.Ed. 1234 (1938)."

Nor does La.R.S. 23:1231 impinge on a fundamental right protected by the U.S. and Louisiana Constitutions.

In the area of substantive due process and equal protection, cases involving fundamental rights are to be distinguished from cases concerned with economic and social welfare legislation. Since worker's compensation statutes involve social welfare legislation, the proper test is whether the regulation is reasonable in relation to the goal to be obtained and is adopted in the interest of the community as a whole. West Coast Hotel Co. v. Parrish, 300 U.S. 379, 57 S.Ct. 578, 81 L.Ed. 703 (1937); Bazley v. Tortorich, supra; Everett v. Goldman, 359 So.2d 1256 (La.1978).

Applying these principles, we conclude that the statute in question can be upheld under the rationality test. La. Const. Art. I, §§ 1-2; U.S. Const.Amend. XIV. As stated in Bazley, supra:

"... The legitimate articulated state purpose served by the workers' compensation statute "will disclose that its purpose is primarily to `abolish the common-law system relating to injuries to employees as inadequate to meet modern conditions and conceptions of moral obligations, and substitute therefor a system based on a high conception of man's obligation to his fellow man * * *.' By that system the loss incurred as a result of the employee's injury is recognized `as an element of the cost of production to be charged to the industry rather than to the individual employer, and liquidated in the steps ending with consumption, so that the burden is finally borne by the community in general. * * *'" Puchner v. Employers Liability Assur. Corp., 198 La. [921] 922, 931 5 So.2d 288 *1012 (1941); see also, 1 Larson, Workers' Compensation, § 1."

The worker's compensation act is in the nature of a compromise. The injured worker is guaranteed a certain amount of compensation without having to file a tort claim in which negligence on the part of the employer would have to be established. At the same time the employer is relieved of the incalculable liability that might have been incurred without the worker's compensation system.[2] La.R.S. 23:1231 furthers this compromise goal by setting a specific and reasonable time limit after the occurrence of the injury as a "condition precedent" to the right of dependents to seek recovery of compensation death benefits under the worker's compensation act.

When social or economic legislation is at issue, the U.S. and Louisiana Constitutions allow the state wide latitude, United States Railroad Retirement Board v. Fritz, 449 U.S. 166, 101 S.Ct. 453, 66 L.Ed.2d 368 (1980); New Orleans v. Dukes, 427 U.S. 297, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976), and it is presumed that even improvident decisions will eventually be rectified by the democratic process. City of Cleburne, Tex. v. Cleburne Living Center, ___ U.S. ___, 105 S.Ct. 3249, 3254, 87 L.Ed.2d 313 (1985). As our Supreme Court stated in Bazley, supra, in upholding validity of the exclusivity provisions of the Worker's Compensation Act (La.R.S. 23:1032):

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Bluebook (online)
482 So. 2d 1009, 1986 La. App. LEXIS 6022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desselle-v-liberty-mut-ins-co-lactapp-1986.