Hawkins v. Span Systems, Inc./DFW International Airport OCIP

223 So. 3d 593, 2017 WL 2152504, 2017 La. App. LEXIS 845
CourtLouisiana Court of Appeal
DecidedMay 17, 2017
DocketNo. 51,378-WCA
StatusPublished
Cited by4 cases

This text of 223 So. 3d 593 (Hawkins v. Span Systems, Inc./DFW International Airport OCIP) 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
Hawkins v. Span Systems, Inc./DFW International Airport OCIP, 223 So. 3d 593, 2017 WL 2152504, 2017 La. App. LEXIS 845 (La. Ct. App. 2017).

Opinion

MOORE, J.

11 Billy Hawkins appeals a judgment that sustained his employer’s exception of res judicata and dismissed his workers’ compensation claim. For the reasons expressed, we affirm.

FACTUAL BACKGROUND

Hawkins, who lives in Minden, Louisiana, was employed by Span Systems Inc., a contractor at DFW International Airport, in Dallas. On September 16, 2013, a coworker “ran into” the lift in which Hawkins was working. At some point, Hawkins filed a claim against Span’s insurer, Liberty Mutual, in the Texas Department of Insurance, Division of Workers’ Compensation (“DWC”).

Hawkins then filed the instant disputed claim in the Louisiana Office of Workers’ Compensation (“OWC”) on August 4, 2014, against Span and Liberty Mutual (collectively, “Span”). Alleging injuries to his neck and back, he demanded wage benefits, medical treatment, penalties and at: torney fees.

Span admitted that Hawkins sustained a work-related injury but argued that he was receiving wages in lieu of benefits and compensation benefits under Texas law, resulting in statutory credit that would offset any Louisiana benefits.

Meanwhile, the parties proceeded to a hearing in the DWC. On March 26, 2015, the hearing officer rendered a 5 ½-page Decision and Order (“the DWC ruling”) finding that the work-related injury did not extend to and include a disc protrusion at C5-6, cervical radiculitis, lumbar sprain/ strain, and multiple disc bulges (Ll-2, L3-4, L5-S1); that Hawkins reached maximum medical improvement on February 24, 2014; and that his 1 gimpairment raising was 5%. The hearing officer ordered Liberty Mutual to pay medical costs and any accrued wage benefits in accord with Texas law, but did not address any complaint of cervical sprain/strain.

Back in the OWC, Span filed the instant exception of res judicata on May 15, 2015. Citing the DWC ruling, it argued that the matter had been fully adjudicated with a finding that most of Hawkins’s symptoms were not the result of the accident. In support, it cited Early v. R & J Technical Servs., 2012-686 (La.App. 3 Cir. 2/13/13), 129 So.3d 46, for the principle that an out-[596]*596of-state workers’ compensation ruling was entitled to full faith and credit in the OWC. It conceded that Hawkins’s claim for cervical sprain/strain was unresolved and could proceed.

Hawkins opposed the exception, arguing that his hearing in the DWC did not meet due process standards, and that res judica-ta does not apply until the plaintiff has an “adequate opportunity to litigate,” Turner v. Maryland Cas. Co., 518 So.2d 1011 (La. 1988). He conceded that Early was superficially on point, but argued that the OWC has continuing jurisdiction over all claims, La. R.S. 23:1310.8, and that the compensation law should be liberally construed to promote recovery. Mostly, he cited the formulation that res judicata requires an examination of “the entire record in the first suit,” Brielle’s Florist & Gifts Inc. v. Trans Tech Inc., 2011-260 (La.App. 3 Cir. 10/5/11), 74 So.3d 833; Pickett v. J.B. Tuck Land Clearing, 2012-1409 (La.App. 3 Cir. 5/1/13), 157 So.3d 34. He argued that Span must introduce the entire record of the DWC case, not just the DWC ruling.

At a hearing in February 2016, Span offered the DWC ruling, not the entire record. After argument, WCJ Patrick Robinson sustained the exception with respect to all claims except cervical sprain/strain,

LHawkins took a writ, which this court denied on the showing made, on March 31, 2016.

In August 2016, Span’s counsel advised the OWC that the parties had reached stipulations that with the ruling on res judicata, Hawkins would not be able to prove his cause of action. After a hearing on August 16, WCJ Linda Smith rendered judgment denying and dismissing all of Hawkins’s claims. Hawkins has taken this appeal.

DISCUSSION

The Parties’ Positions

Hawkins designates one assignment of error: the WCJ erred in granting Span’s exception of res judicata, thus limiting the plaintiff to proving disability arising out of a cervical sprain/strain.1 He first contends that res judicata should never be applied without evidence that the plaintiff had an “adequate opportunity to litigate,” Turner v. Maryland Cas. Co., supra. Specifically, the trial court should examine “not only the pleadings, but also the entire record in the first suit to determine whether the second suit is, in fact, barred by res judicata.” Brielle’s Florist & Gifts v. Trans Tech, supra; Pickett v. J.B. Tuck Land Clearing, supra; Lee v. Twin Bros. Marine Corp., 2003-2034 (La.App. 1 Cir. 9/17/04), 897 So.2d 35. The only evidence before the OWC was the DWC ruling, and thus the court could not determine what particular issues were actually decided under Texas law.

hSecond, he shows that a prior judgment does not bar another action by the plaintiff when “exceptional circumstances justify relief from the res judicata effect of the judgment,” La, R.S. 13:4232 A(l). The courts have declined to apply res judicata when “the judgment in the first action was plainly inconsistent with the fair and equitable implementation of a statutory or constitutional scheme,” Terrebonne Fuel & [597]*597Lube Inc. v. Placid Refining Co., 95-0654 (La. 1/16/96), 666 So.2d 624; City of Bastrop v. Harris, 50,727 (La. App. 2 Cir. 6/22/16), 198 So.3d 163. Hawkins contends that the Texas compensation system is “grossly unfair to injured workers.”2 Specifically, his hearing was a phone conference in which he was represented not by a lawyer but by a nonlawyer ombudsman provided by the system, a situation he views as inherently unfair; and the DWC hearing officer gave no weight to a letter from Hawkins’s chiropractor seeking to establish causation, resulting in a ruling valid under Texas law but, he contends, contrary to Louisiana’s presumption of causation, Peveto v. WHC Contractors, 630 So.2d 689 (La. 1994). He concludes that strong public policy reasons 'militate in favor of letting him, a Louisiana resident, litigate his claim in Louisiana.

Span responds that res judicata properly applied because the DWC riding was a judgment in favor of the defendant “with respect to any issue actually litigated and determined if its determination was essential to that judgment,” La. R.S. 13:4231 (3). Further, Early v. R & J Technical Servs., supra, applied full faith and credit to another state’s finding that the claimant did not sustain a work-related injury, and is virtually identical to this case. The DWC ruling shows, in fact, an “extensive” consideration of all claims and evidence, with “no indicia of unreliability or unreasonableness”; thus, it was competent to support res judicata. Further, Hawkins’s lead authority, Brielle’s Florist, supra, actually states that failure to introduce the entire record into evidence “can prohibit” the application of res judicata, not -that the whole record is uniformly required. Finally, the overriding public policy issue is to bar the relitigation of matters already decided; to allow Hawkins to proceed would defeat that policy.

Analysis

The applicable law is essentially as- quoted by the parties. Res judicata precludes the relitigation of all causes of action arising out of the same transaction and occurrence that-were the subject matter of a prior litigation between the same parties. Oliver v.

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223 So. 3d 593, 2017 WL 2152504, 2017 La. App. LEXIS 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-span-systems-incdfw-international-airport-ocip-lactapp-2017.