Dodd v. Merit Electrical, Inc.

8 So. 3d 849, 2009 La. App. LEXIS 563, 2009 WL 996970
CourtLouisiana Court of Appeal
DecidedApril 15, 2009
Docket44,035-WCA
StatusPublished
Cited by4 cases

This text of 8 So. 3d 849 (Dodd v. Merit Electrical, Inc.) 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
Dodd v. Merit Electrical, Inc., 8 So. 3d 849, 2009 La. App. LEXIS 563, 2009 WL 996970 (La. Ct. App. 2009).

Opinion

DREW, J.

|tIn this workers’ compensation case in which the accident occurred in Maryland, *851 the sole issue is whether the claimant’s contract of hire was made in Louisiana so that the Office of Workers’ Compensation (“OWC”) had subject matter jurisdiction over the claim. The WCJ found that the contract of hire was made in Georgia. We conclude that the WCJ was clearly wrong in making this finding, and reverse the judgment sustaining the exception of lack of subject matter jurisdiction and dismissing the claim.

FACTS

Melissa Dodd, an electrician’s helper, and her husband Ernest Dodd, an electrician, were hired in March of 2007 by Merit Electrical, Inc. (“Merit”) to work in Georgia. 1 The Dodds moved their family from Louisiana for the positions. Melissa was subsequently transferred to Maryland to work on another Merit project there.

On October 10, 2007, Melissa was allegedly injured while at work for Merit in Maryland. She injured her back picking up a heavy piece of conduit. Melissa originally received workers’ comp benefits in Maryland, but then decided to pursue benefits in Louisiana.

Melissa filed a disputed claim for compensation form with the OWC against Merit and its insurer, Liberty Mutual Insurance Company. Merit filed the exception of lack of subject matter jurisdiction. Merit claimed the OWC lacked subject jurisdiction over Melissa’s workers’ compensation claim because the accident occurred outside of Louisiana, Melissa’s employment was not principally localized in Louisiana, Melissa’s contract 12of hire was executed in Georgia, and Melissa did not elect the provisions of Louisiana’s workers’ compensation law as her exclusive state workers’ compensation remedy. Melissa asserted that extraterritorial jurisdiction applied because she was hired in Louisiana. The WCJ sustained Merit’s exception and dismissed Melissa’s claim. Melissa now appeals.

DISCUSSION

Subject matter jurisdiction is the legal power and authority of a court to hear and determine a particular class of actions or proceedings, based upon the object of the demand, the amount in dispute, or the value of the right asserted. La. C.C.P. art. 2.

La. R.S. 23:1035.1 provides extraterritorial coverage of the provisions of the Louisiana workers’ compensation laws. It states, in part:

(1) If an employee, while working out: side the territorial limits of this state, suffers an injury on account of which he, or in the event of his death, his dependents, would have been entitled to the benefits provided by this Chapter had such injury occurred within this state, such employee, or in the event of his death resulting from such injury, his dependents, shall be entitled to the benefits provided by this Chapter, provided that at the time of such injury
(a) his employment is principally localized in this state, or
(b) he is working under a contract of hire made in this state.
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(4) Notwithstanding the above, an employee may elect as his exclusive state workers’ compensation remedy the provisions of Louisiana’s workers’ compensation law....

Melissa contends neither that her employment was principally located in Louisiana, nor that she elected to have Louisi *852 ana’s workers’ compensation law serve as her exclusive state workers’ compensation | ¿remedy. That leaves only “working under a contract of hire made in this state” as the basis for the exercise of extraterritorial coverage of Louisiana’s workers’ compensation law in this instance.

In determining whether a contract of hire is a Louisiana contract in a workers’ compensation case, the parties’ intent should be paramount. Haney v. B E & K Const., 30,825 (La.App. 2d Cir.8/19/98), 716 So.2d 514. Some factors to consider in determining the intent of the parties include domicile of the parties, the nature of the work to be done, and the place where the employment was initiated. Id.

Ernest, who was at home in Farmerville, Louisiana, at the time, called Donnie Thornton, a Merit job superintendent in Georgia, to inquire about the availability of jobs for himself and Melissa. Thornton replied that jobs were available and for them to send their resumés.

According to Ernest, after they sent their resumés to Thornton as instructed, Thornton called them to say that they were hired and he was sending paperwork to them to be filled out and returned. Patrick Borden, Merit’s safety manager at the time, testified that Thornton called Ernest and asked if he was interested in a job. The Dodds filled out the paperwork, faxed it to Thornton, and brought it with them to Georgia.

Merit entered four one-page documents into the record at the hearing on the exception. These documents were an “Agreement by Applicant,” a page from Merit’s safety manual, the custody and control form for a drug screen, and an “Employee’s Record.”

|4The agreement by applicant, which is part of the hiring application, was signed by Melissa and dated March 19, 2007. The agreement stated that as a condition to hire, Melissa agreed to submit to physical exams, including blood and urine tests, and that her initial employment may be contingent upon the results of those exams. It also stated that no person except the president of Merit had the authority to bind Merit to enter into any agreement with Melissa regarding the duration or any of the terms or conditions of her employment, and that no such agreement was enforceable unless in writing and signed by the president.

The page from Merit’s safety manual states that “employees are required as a prerequisite to employment ... to cooperate with alcohol and drug testing procedures.” It further states, “Any offer of employment that may be extended to an applicant is conditioned upon the applicant’s successful completion of a pre-em-ployment alcohol and drug screen.” The custody and control form for the drug screen stated that the sample was taken and tested on March 19, 2007.

The “employee’s record” contains Melissa’s personal information. It reports an effective date of March 19, 2007. Georgia was filled in as the state for tax purposes. This document is part of Merit’s hiring package.

Melissa testified that part of the hiring package, including the employee’s record, was filled out in Farmerville after it was sent to the Dodds by Thornton. They then faxed the completed forms to Thornton and brought the forms with them to Georgia. Melissa denied receiving any of the safety manual in Louisiana. Melissa explained that the reason the | ^documents were dated March 19 even if they had been completed earlier was that they were instructed to date the documents with the date they were supposed to start working. *853 Melissa was placed on Merit’s payroll on March 19, 2007.

Borden stated that the agreement by applicant and employee’s record would have been filled out at the same time when the drug screen was performed.

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Cite This Page — Counsel Stack

Bluebook (online)
8 So. 3d 849, 2009 La. App. LEXIS 563, 2009 WL 996970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodd-v-merit-electrical-inc-lactapp-2009.