GNB, Inc. v. Jones

699 So. 2d 466, 1997 WL 471963
CourtLouisiana Court of Appeal
DecidedAugust 20, 1997
Docket29779-WCA
StatusPublished
Cited by16 cases

This text of 699 So. 2d 466 (GNB, Inc. v. Jones) 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
GNB, Inc. v. Jones, 699 So. 2d 466, 1997 WL 471963 (La. Ct. App. 1997).

Opinion

699 So.2d 466 (1997)

G.N.B., INC. and Zurich American Insurance Company, Plaintiffs-Appellants,
v.
Richard JONES, Defendant-Appellee.

No. 29779-WCA.

Court of Appeal of Louisiana, Second Circuit.

August 20, 1997.

*467 Allen & Gooch by Charles Martin Kreamer, Lafayette, for Plaintiffs-Appellants.

James E. Franklin, Jr., Shreveport, for Defendant-Appellee.

Before NORRIS, HIGHTOWER and GASKINS, JJ.

NORRIS, Judge.

This is an action by a workers' compensation insurer to offset comp benefits it must pay to an injured employee who is also receiving Social Security disability ("SSI") benefits. The principal issue is whether La. R.S. 23:1225 C, which requires the reduction of comp benefits so that the "aggregate remuneration" from sources specified therein does not exceed 662/3% of the employee's average weekly wage, also requires that benefits be further reduced so that the employee's "aggregate remuneration" does not exceed the maximum set by La. R.S. 23:1202 for comp indemnity benefits. We hold that it does not; and finding that by proper application of the law the insurer is entitled to no offset in this case, we reverse and render.

Factual background

Richard Jones, an employee of GNB Inc., suffered a work-related injury on February 9, 1988. He began receiving comp benefits at the statutory maximum of $261.00 per week ($1,122.30 per month) from GNB's insurer, Zurich American (collectively referred to herein as "GNB"). The maximum workers' comp weekly indemnity benefit for injuries arising in 1988 is $261.00. See La. R.S. 23:1202. In 1990 Jones also began drawing SSI. The parties stipulated that GNB and Jones each contributed 50% of Jones's SSI premiums. GNB offered in evidence a letter from the Social Security Administration stating that Jones's "total family benefit" was $993.00, and that the federal government offset his SSI by $301.60.

Jones receives $114.58 in weekly SSI benefits funded by GNB. Thus his aggregate weekly remuneration from SSI and comp is $375.58.

Evidence of wages and benefits

The parties stipulated that at the time of his injury Jones earned $11.59 per hour in cash wages. In addition, he received various benefits paid by GNB.

Dwayne A. Brown, a GNB employee and Bargain Chairman of Local 1532 of the United Auto Workers, testified that in 1988 Jones was allowed four weeks of paid vacation and 13 paid holiday days. He further testified that the union contract provided that 40 hours of the paid vacation could be applied as personal or sick time.[1]

GNB objected to this testimony, arguing that since 662/3% of Jones's cash wages alone were sufficient to exceed the statutory maximum for comp benefits under 23:1202, evidence of any greater compensation should be excluded as irrelevant. The Workers' Compensation Judge ("WCJ") overruled the objection.

GNB called in rebuttal Calvin Wright, GNB's regional Human Resources Manager. Wright testified that Jones was not required to pay federal income taxes on his group family health benefits. He also testified that Jones was entitled to 12 paid holidays, not 13.[2]

*468 GNB introduced into evidence a letter from the Social Security Administration setting forth Jones's entitlement to benefits as well as the offset taken by Social Security against that entitlement. Jones objected to the introduction of this letter on hearsay grounds, which the WCJ overruled.

Action of the WCJ

The WCJ ruled from the bench that the value of Jones's vacation/personal days and holidays should be included in the computation of his "average weekly wage." She declined to include, however, the amount that GNB paid for his health and life insurance premiums, on the basis that such benefits "extended beyond [those] that an employee would necessarily ordinarily bargain for."

After making this determination, the WCJ calculated Jones's average weekly wage at $520.67, and ruled that under 23:1225 C he was entitled to receive 662/3% of that amount, which she calculated as $373.78, in "aggregate remuneration."

The WCJ further found that GNB's 50% share of the SSI payments was $114.58 per week. Since by her calculations Jones was entitled to a maximum of $373.78 per week from both SSI and comp, she reasoned that his comp benefits could not exceed $259.20 per week. GNB's payments of $261.00 per week exceeded this amount by $1.80. She therefore awarded GNB a weekly offset of $1.80, from date of judicial demand.

GNB has appealed devolutively, reasserting its claim that aggregate remuneration cannot exceed the La. R.S. 23:1202 statutory maximum for comp benefits. Jones has answered, contending that GNB is entitled to no offset, that the trial court improperly admitted hearsay evidence regarding the amount of his Social Security disability benefits, and that the average weekly wage should include the value of his insurance benefits.

Discussion: Hearsay objection

By his first assignment Jones contests the WCJ's admission of the letter from the Social Security Administration. As noted, this letter set forth Jones's total family benefit and federal offset amount. Jones objected to this as hearsay. He renews this argument on appeal, and argues that absent this evidence there was no basis on which to calculate whether GNB was entitled to an offset.

The WCJ is not bound by technical rules of evidence or procedure, but all findings of fact must be based on competent evidence. The WCJ shall decide the merits of the controversy as equitably, summarily and simply as may be. La. R.S. 23:1317 A. Hearsay evidence is admissible at a compensation hearing, within discretionary limits. Nevertheless, inadmissible hearsay should not be received. Garvin v. Perret, 95-217 (La.App. 5th Cir. 2/14/96), 670 So.2d 1250, writ denied 96-0674 (La.5/10/96), 672 So.2d 922.

In the instant case GNB subpoenaed the Social Security Administration to produce a witness to explain the contents of the letter, but the Administration did not comply.[3] However, the WCJ accurately noted that there was no indication that the information in the letter was untrue. In fact, after first objecting, Jones stipulated to the amount of his total family benefit. Immediately thereafter, GNB's attorney stated that the parties would stipulate to the amount of offset the Social Security administration was applying to Jones's benefits; Jones did not respond. See R.p. 136. In these circumstances, and given the relaxed evidentiary standard, we conclude that the WCJ did not abuse her discretion by admitting the letter.[4]

Limitation of offset

By its first assignment GNB urges the WCJ erred in refusing to apply the § 1202 statutory maximum to Jones's benefits. *469 At the time of Jones's accident, La. R.S. 23:1225 C provided:

C.

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Bluebook (online)
699 So. 2d 466, 1997 WL 471963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gnb-inc-v-jones-lactapp-1997.