Dupont v. Acadian Ambulance Service, Inc.

134 So. 3d 261, 13 La.App. 3 Cir. 959, 2014 WL 853432, 2014 La. App. LEXIS 603
CourtLouisiana Court of Appeal
DecidedMarch 5, 2014
DocketNo. 13-959
StatusPublished

This text of 134 So. 3d 261 (Dupont v. Acadian Ambulance Service, 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
Dupont v. Acadian Ambulance Service, Inc., 134 So. 3d 261, 13 La.App. 3 Cir. 959, 2014 WL 853432, 2014 La. App. LEXIS 603 (La. Ct. App. 2014).

Opinion

PAINTER, Judge.

11 Defendant, Acadian Ambulance Service, Inc. (Acadian), appeals the judgment of the trial court granting Claimant’s motion for partial summary judgment and dismissing Acadian’s claims under La.R.S. 23:1208. For the following reasons, we affirm.

DISCUSSION

Richard Dupont was injured in a vehicular collision while in the course and scope of his employment for Acadian. He received workers’ compensation benefits and was released to light duty work. He was sent by Acadian to work at Delta Downs Race Track & Casino (Delta Downs) and worked there from July 2004 until November 15, 2004. At that time, Delta Downs terminated his employment as a result of an incident in which Claimant allegedly falsified documentation connected with the administration of a prescription drug, nitroglycerin, to a patron. That dismissal is not before the court at this time.

Claimant’s doctor increased the restrictions on his employment. In the course of determining Claimant’s physical abilities, a meeting was held. Claimant did not attend the meeting. Acadian asserts that during that meeting, Claimant’s attorney stated that Claimant was terminated from his employment at Delta Downs because he was physically unable to perform his duties. Acadian then terminated Claimant’s benefits.

Claimant filed a disputed claim for compensation. Acadian asserted the provisions of La.R.S. 23:1208 as an affirmative defense. Claimant died; his wife, Julie Du-pont, was substituted as a party, and she seeks the benefits which should have been paid to her husband during his lifetime. She filed a motion for partial summary [263]*263judgment dismissing the Section 1208 defense. The WCJ granted the motion on February 14, 2012. A trial on the merits was held on March 7, 2018. The |2WCJ asked for post-trial briefs and ruled in favor of Julie Dupont ordering payment of Supplemental Earnings Benefits (SEB) plus interest from September 26, 2006, through the date of Claimant’s death on December 6, 2009. Acadian appeals. Julie Dupont filed an answer to the appeal asking that the hearing officer’s judgment be amended to include penalties and attorney’s fees and for additional attorney’s fees on appeal.

Forfeiture of Benefits

On appeal, Acadian asserts that the Worker’s Compensation Judge (WCJ) failed to correctly apply La.R.S. 28:1208 to forfeit claimant’s benefits because of his attorney’s misrepresentation.

Louisiana Revised Statutes 23:1208 provides in pertinent part that:

A. It shall be unlawful for any person, for the purpose of obtaining or defeating any benefit or payment under the provisions of this Chapter, either for himself or for any other person, to willfully make a false statement or representation.
B. It shall be unlawful for any person, whether present or absent, directly or indirectly, to aid and abet an employer or claimant, or directly or indirectly, counsel an employer or claimant to willfully make a false statement or representation.
C. (1) Whoever violates any provision of this Section, when the benefits claimed or payments obtained have a value of ten thousand dollars or more, shall be imprisoned, with or without hard labor, for not more than ten years, or fined not more than ten thousand dollars, or both.
(2) Whoever violates any provision of this Section, when the benefits claimed or payments obtained have a value of two thousand five hundred dollars or more, but less than a value of ten thousand dollars shall be imprisoned, with or without hard labor, for not more than five years, or fined not more than five thousand dollars, or both.
(3) Whoever violates any provision of this Section, when the benefits claimed or payments obtained have a value of less than two thousand five hundred dollars, shall be imprisoned for not more than six months or fined not more than five hundred dollars, or both.
|3(4) Notwithstanding any provision of law to the contrary which defines “benefits claimed or payments obtained”, for purposes of Subsection C of this Section, the definition of “benefits claimed or payments obtained” shall include the cost or value of indemnity benefits, and the cost or value of health care, medical case management, vocational rehabilitation, transportation expense, and the reasonable costs of investigation and litigation.
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E. Any employee violating this Section shall, upon determination by workers’ compensation judge, forfeit any right to compensation benefits under this Chapter.

This matter requires that this court interpret this statute to determine whether it requires that the misrepresentation of an attorney result in the forfeit of his client’s benefits. This is a question of law and must be reviewed by the court de novo. Broussard v. Hilcorp Energy Co., 09-449 (La.10/20/09), 24 So.3d 813.

When a law is clear and unambiguous and its application does not lead to ab[264]*264surd consequences, the law shall be applied as written, and its letter shall not be disregarded in search of the intent of the legislature or under the pretext of pursuing its spirit. Munden v. State, Division of Administration, 2001-2326, p. 4 (La.App. 1st Cir.5/9/03), 849 So.2d 639, 641, writ denied, 2003-1532 (La.10/03/03), 855 So.2d 310. A statute shall be construed to give meaning to the plain language of the statute, and courts may not extend statutes to situations that the legislature never intended to be covered. A.K. Dumin Chrysler-Plymouth, Inc. v. Jones, 2001-0810, p. 4 (La.App. 1st Cir.5/10/02), 818 So.2d 867, 870.

Chamberlain ex rel. Wilmer J. v. Kennedy, 03-488, pp. 5-6 (La.App. 1 Cir. 12/31/03), 868 So.2d 753, 757.

Further, since the statute is penal in nature, it must be strictly construed. Fontenot v. Reddell Vidrine Water Dist., 02-439 (La.1/14/03), 836 So.2d 14. The statute at issue distinguishes between those penalties which accrue to “any person” violating its provisions and those which accrue when “the employee” violates its provisions. The penalty of forfeiture of benefits accrues only where the employee violates the statutory prohibition. Therefore, even if counsel for Claimant violated 14the provisions of La.R.S. 23:1208, forfeiture of benefits is not one of the penalties which may be imposed.

Accordingly, we find no error in the trial court’s determination that forfeiture of benefits was not appropriate. Having so found, we need not determine whether counsel for claimant made false statements for the purpose of obtaining benefits for claimant.

Penalties & Attorney’s Fees

Appellee answered the appeal asking that the original award be amended to include penalties and attorney’s fees for failure to timely pay benefits, as well as for additional attorney’s fees on'appeal.

Louisiana Revised Statutes 23:1201 provides in pertinent part that:

F. Except as otherwise provided in this Chapter, failure to provide payment in accordance with this Section or failure to consent to the employee’s request to select a treating physician or change physicians when such consent is required by R.S.

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Related

Munden v. State, Div. of Admin.
849 So. 2d 639 (Louisiana Court of Appeal, 2003)
Chamberlain Ex Rel. Wilmer J. v. Kennedy
868 So. 2d 753 (Louisiana Court of Appeal, 2003)
Williams v. Tioga Manor Nursing Home
24 So. 3d 970 (Louisiana Court of Appeal, 2009)
Broussard v. Hilcorp Energy Co.
24 So. 3d 813 (Supreme Court of Louisiana, 2009)
AK DURNIN CHRYSLER-PLYMOUTH v. Jones
818 So. 2d 867 (Louisiana Court of Appeal, 2002)
Fontenot v. Reddell Vidrine Water Dist.
836 So. 2d 14 (Supreme Court of Louisiana, 2003)
Doyal v. VERNON PARISH SCHOOL BD.
950 So. 2d 902 (Louisiana Court of Appeal, 2007)
Vital v. Landmark of Lake Charles
153 So. 3d 1017 (Louisiana Court of Appeal, 2014)
Pickett v. J.B. Tuck Land Clearing
157 So. 3d 34 (Louisiana Court of Appeal, 2013)
Molinari v. Thompson, 2010-0253 (La. 4/9/10)
31 So. 3d 389 (Supreme Court of Louisiana, 2010)
Brown v. Shop Rite, Inc.
75 So. 3d 1002 (Louisiana Court of Appeal, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
134 So. 3d 261, 13 La.App. 3 Cir. 959, 2014 WL 853432, 2014 La. App. LEXIS 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupont-v-acadian-ambulance-service-inc-lactapp-2014.