Glenn M. Hebert v. Louisiana Licensed Professional Vocational Rehabilitations Counselors Board of Examiners

CourtLouisiana Court of Appeal
DecidedNovember 5, 2014
DocketCA-0014-0102
StatusUnknown

This text of Glenn M. Hebert v. Louisiana Licensed Professional Vocational Rehabilitations Counselors Board of Examiners (Glenn M. Hebert v. Louisiana Licensed Professional Vocational Rehabilitations Counselors Board of Examiners) 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
Glenn M. Hebert v. Louisiana Licensed Professional Vocational Rehabilitations Counselors Board of Examiners, (La. Ct. App. 2014).

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

14-102

GLENN M. HEBERT

VERSUS

LOUISIANA LICENSED PROFESSIONAL VOCATIONAL REHABILITATION COUNSELORS BOARD OF EXAMINERS AND SY ARCENEAUX

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 20064643 HONORABLE EDWARD B. BROUSSARD, DISTRICT JUDGE

JOHN E. CONERY JUDGE

Court composed of Sylvia R. Cooks, Jimmie C. Peters, and John E. Conery, Judges.

Cooks, J., dissents and assigns reasons.

AFFIRMED. R. Scott Iles Post Office Box 3385 Lafayette, Louisiana 70502 (337) 234-8800 COUNSEL FOR PLAINTIFF APPELLANT: Glenn Hebert

Stephen W. Glusman Glusman, Broyles & Glusman, LLC Post Office Box 2711 Baton Rouge, Louisiana 70821 (225) 387-5551 COUNSEL FOR DEFENDANT/APPELLEE: Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of Examiners

David A. Hurlburt Hurlburt, Monrose & Ernst A Professional Law Corporation Post Office Drawer 4407 Lafayette, Louisiana 70502 (337) 237-0261 COUNSEL FOR DEFENDANT/APPELLEE: Sy Arceneaux CONERY, Judge.

This matter is once again before a panel of this court based on the appeal of

plaintiff, Glenn M. Hebert (Mr. Hebert), of the trial court’s ruling granting

summary judgment in favor of both the Louisiana Licensed Professional

Vocational Rehabilitation Counselors Board of Examiners (Board) and Mr. Sy

Arceneaux (Mr. Arceneaux) dismissing Mr. Hebert’s last remaining claim for

abuse of process. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

This litigation stems from a complaint made to the Board by Mr. Arceneaux,

a vocational rehabilitation counselor (VRC) against Mr. Hebert, who is also a VRC.

Mr. Arceneaux alleged that Mr. Hebert violated La. Admin. Code tit. 46, pt.

LXXXVI, §1604(A)(6), which provides, “Licensed rehabilitation counselors will

not discuss the competency of other rehabilitation counselors or agencies

(including judgments made, methods used or quality of rehabilitation plans) in a

disparaging way with their clients.”1

Mr. Arceneaux stated in his complaint to the Board that Mr. Hebert had

written two separate letters to Mr. Arceneaux, which were also sent to his client,

Mr. Julius Jeansonne, stating that Mr. Hebert found that the rehabilitation work

performed by Mr. Arceneaux on behalf of Mr. Jeansonne was substandard and

calling Mr. Arceneaux’s services “sham rehabilitation.”2

Mr. Arceneaux, after receiving Mr. Hebert’s first letter dated February 26,

1 Louisiana Administrative Code, Title 46, Part LXXXVI, Chapter 16, contains the Code of Professional Ethics for Licensed Rehabilitation Counselors.

2 “Sham rehabilitation” is a term that stems from the analysis in Maxie v. Brown Ind., Inc., 95-19 (La.App. 3 Cir. 5/31/95), 657 So.2d 443, writ denied, 95-1630 (La. 10/6/95), 661 So.2d 469. 2004, sought to resolve the issue by requesting, in correspondence dated March 22,

2004, that Mr. Hebert rescind his February 26, 2004 correspondence. Mr. Hebert

refused to rescind his original correspondence and in an April 1, 2004 response to

Mr. Arceneaux, also copying Mr. Jeansonne, stated, “I will not rescind this

correspondence since I feel that all of the points in the letter are accurate.” On

May 15, 2004, Mr. Arceneaux filed an ethical complaint against Mr. Hebert with

the Board.

On June 17, 2004, the Ethics Committee of the Board informed Mr.

Arceneaux that the Board had accepted his complaint against Mr. Hebert and

would allow Mr. Hebert the opportunity to respond before reviewing the complaint

and making a determination of what, if any, additional action was required. Mr.

Hebert responded on June 23, 2004. In correspondence dated September 20, 2004,

the Ethics Committee of the Board found Mr. Hebert in “violation of Canon 4,

Rule 4.7 of the LLPVRC Code of Professional Ethics for Licensed Rehabilitation

Counselors” and informed him of his right to appeal the decision within thirty

days.3

Pursuant to the rules governing ethical complaints, by letter dated September

28, 2004, Mr. Hebert cited Maxie v. Brown Ind., Inc., 95-19 (La.App. 3 Cir.

5/31/95), 657 So.2d 443, writ denied, 95-1630 (La. 10/6/95), 661 So.2d 469, and

disputed the Ethics Committee’s interpretation of the client-counselor relationship,

asserting that Mr. Jeansonne was not Mr. Arceneaux’s client but that Mr.

Arceneaux’s true client was the LWCC.4 Mr. Hebert requested and was granted a

3 The September 20, 2004 correspondence references Rule 4.7, however that appears to be a typographic error, as the complaint and all other decisions reflect a violation of Rule 4.6. 4 Since the ruling in Maxie, the Louisiana Legislature and the Louisiana Supreme Court in Hargrave v. State, 12-341 (La. 10/16/12), 100 So.3d 786, have since addressed the issue of

2 hearing, which took place on January 6, 2005.

Although the hearing was held as a joint session of both the Ethics

Committee and the Board, on April 21, 2005, only the Ethics Committee rendered

a decision and recommended to the Board that it sanction Mr. Hebert for a

violation of La. Admin. Code tit. 46, pt. LXXXVI, §1604(A)(6). The April 21,

2005 Ethics Committee decision and recommendations were subject to an

additional appeals process pursuant to La. Admin. Code tit. 46, pt. LXXXVI,

Chapter 17.

Mr. Hebert timely requested an appeal of the April 21, 2005 Ethics

Committee’s decision and recommendations to the Board. Pursuant to Mr.

Hebert’s request, an appeal panel was appointed to review the record in this matter.

Subsequent to their review of the record, the appeal panel notified the Board that it

agreed with the April 21, 2005 decision and recommendations of the Ethics

Committee, which then became the final decision of the Ethics Committee.

The final decision of the Ethics Committee was then submitted to the Board

for its consideration. On March 7, 2005, the Board found that a counselor-client

relationship existed between Mr. Arceneaux and Mr. Jeansonne, and that the

conduct of Mr. Hebert was in violation of La. Admin. Code tit. 46, pt. LXXXVI,

§1604(A)(6). The Board also discussed and distinguished Mr. Hebert’s contention

that the Board was ignoring Louisiana jurisprudence which allegedly supported his

conclusion that Mr. Jeansonne was not Mr. Arceneaux’s client, relying instead on

services provided to an injured employee by a professional vocational rehabilitation counselor. In 2003 and 2005, the legislature amended La.R.S. 23:1226. Louisiana Revised Statutes 23:1226(B)(3)(a), now provides a procedural remedy for an injured employee to swiftly seek relief if vocational rehabilitation services are not provided by the employer or if a dispute arises “concerning the work of the vocational counselor.” See Chapman v. Coushatta Tribe of La., 12- 1168, (La.App. 3 Cir. 3/6/13), 128 So.3d 1022, 1028-29, writ denied 13-754, (La. 5/24/13), 117 So.3d 101.

3 the workers compensation statutes and the regulations adopted by the Board

governing the client-counselor relationship.

As a result of the ethical violation, the Board issued an official reprimand to

Mr. Hebert which required him to complete, within six months of the final

administrative decision of the Board, a pre-approved course of study in ethics

related to rehabilitation counseling, or risk further sanctions.

Although the final decision of the Board was subject to review pursuant to

La.R.S. 49:950 et seq., Mr.

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