Hensel v. State ex rel. Department of Labor, Office of Employment Security

656 So. 2d 1077, 95 La.App. 5 Cir. 135, 1995 La. App. LEXIS 1478, 1995 WL 320140
CourtLouisiana Court of Appeal
DecidedMay 30, 1995
DocketNo. 95-CA-135
StatusPublished
Cited by1 cases

This text of 656 So. 2d 1077 (Hensel v. State ex rel. Department of Labor, Office of Employment Security) 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
Hensel v. State ex rel. Department of Labor, Office of Employment Security, 656 So. 2d 1077, 95 La.App. 5 Cir. 135, 1995 La. App. LEXIS 1478, 1995 WL 320140 (La. Ct. App. 1995).

Opinion

laGOTHARD, Judge.

In this unemployment compensation matter, plaintiff appeals the district court’s judgment which dismissed plaintiffs petition. For the following reasons, we affirm in part, vacate in part and remand.

FACTS

On February 5, 1993, plaintiff, Harold W. Hensel, was released from his employment with Freeporfr-McMoRan, Inc. In September of 1993, plaintiff filed a claim for unemployment compensation with defendant, State of Louisiana through the Department of Labor, Office of Employment Security. The Isfollowing facts were determined by an administrative law judge (and recited in her January 5, 1994 decision) after a third hearing regarding plaintiffs unemployment compensation claim:

The claimant worked for the named employer for 24 years until February 5, 1993. He worked full-time and earned an annual salary of $40,300. He was laid off because of a reduction in force on February 5, 1993. He did not file a claim immediately after separation from his job because he was working elsewhere. He filed a claim for unemployment insurance benefits effective September 12, 1993. The Agency initially determined that the claimant was monetarily ineligible to benefits because the named employer had reported the claimant’s wages as $105,612.54 in the first quarter of 1993; and he had not earned wages equal to one and one-half times the high quarter of the base period of his claim. The Agency processed a reconsideration on September 29, 1993, which prorated the lump sum payment which claimant received in February of 1993, in the amount of $105,612.54. This action resulted in an eligible claim with a weekly benefit amount of $181. The Agency subsequently determined that the lump sum payment of $105,612.54 was a pension settlement which should be prorated and deducted from the claimant’s weekly benefit entitlement in the amount of $87.81, per week rounded to the nearest dollar, effective September 12, 1993. The claimant appealed. A hearing was conducted. [1079]*1079In a decision rendered on November 18, 1993 (docket number J 2052 AT 93), the administrative law judge held that the lump sum payment which the claimant received at separation was not [a] pension deduction. However, the administrative law judge remanded the matter to the Agency for them to rule on whether the monies received should be deductible under the provisions of R.S. 23:1601(7)(D) of the Louisiana Employment Security Law. On November 29, 1993, the Agency issued a determination which held that the lump sum payment was dismissal pay and was deductible from the claimant’s benefits.
At the appeals hearing, the claimant insisted that the lump sum payment of $105,-612.54 was neither severance, dismissal or a pension payment and that it should not be deducted from his unemployment insurance benefits. He presented a letter from the employer which titled the payment “enhanced retirement package (A).” The employer reported the entire amount as wages and withheld the appropriate taxes and deductions. He had no intentions of retiring at that time. As part of the package offered to employees who were involuntarily separated in the lay off of February 1993, the employer offered certain enhancements. The claimant received Rfive weeks of accrued vacation pay and was paid 12 weeks of severance pay. He does not qualify to receive his pension from the employer until he reaches the age of 55. Because the pension he will receive at age 55 will be considerably less than the pension he would have receive[d] had he continued his employment, the lump sum payment was made to him, based on his years of service with the employer. The claimant does not know the exact formula used by the employer to come up with the amount of the enhancement payment.

In rendering her January 5, 1994 decision, the administrative law judge found that pursuant to LSA-R.S. 23:1601(7)(d)(i), the $105,-612.54 “payment would constitute dismissal or separation pay which should be considered wages as defined by law and deductible from [claimant’s] unemployment insurance benefits prorated over the period of time which it would have taken him to earn such remuneration.” The administrative law judge therefore ordered that since plaintiff was earning $775 per week at the time of his separation from employment, plaintiff’s “enhancement payment” be prorated from the week after his last day of work through the week ending September 23, 1995.

Previously, on December 1, 1993, plaintiff filed an appeal with the Board of Review for the Office of Employment Security, appealing the administrative law judge’s decision of November 11, 1993 (see above). On December 7, 1993, the Office of Employment Security sent plaintiff a letter acknowledging receipt of this appeal. The Board of Review thereafter affirmed the administrative law judge’s decision on January 7,1994. However, the Board specifically affirmed the November 18, 1993 decision. Nowhere in the record before us is a decision from the Board concerning the subsequent administrative law judge’s decision on January 5, 1994.

Upon review, we note that LSA-R.S. 23-.1626A provides in pertinent part that “[i]n the event that an appeal involving an original determination is pending 15at the time a rede-termination thereof is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination.” Since the Board of Review’s decision was rendered after the administrative law judge’s January 5, 1994 decision, we find that pursuant to R.S. 23.T626A and R.S. 23:1634, the matter was in a proper procedural posture to be taken to the district court.

On January 21, 1994, plaintiff filed suit against defendant in the Twenty-Fourth Judicial District Court for the Parish of Jefferson, State of Louisiana.1 In his petition, plaintiff asserts that his unemployment compensation should not be reduced by the “enhancement payment”; that he should not have to return certain benefits previously paid by defendant; and that he has been denied equal protection of the law in that several co-employees, released under similar circumstances at the same time as plaintiff, [1080]*1080were receiving full weekly benefits from defendant.

Defendant failed to answer plaintiffs petition until August 12, 1994, after plaintiff filed a rule to show cause why judgment should not issue directing the payment of benefits to plaintiff. At the hearing on the rule to show cause, defendant failed to appear. However, both parties submitted memoranda on the issue. Thereafter, on October 25, 1994, the district court rendered judgment, dismissing plaintiffs petition and affirming the decision of the Board of Review which found “that the plaintiffs lump sum payment be treated as wages and therefore is deductible from his unemployment insurance benefits from September 12, 1993 through September 23, 1995.”

| (¡Plaintiff appeals, arguing that the district court’s judgment did not result from a trial on the merits, and plaintiff was not able to introduce evidence supporting his claim of defendant’s violation of the equal protection clause pursuant to Art. 1, Sec. 3 of the Louisiana Constitution and the 14th Amendment of the United States Constitution. Although alleged in plaintiffs petition, the district court judgment fails to address plaintiffs equal protection claim. Additionally, defendant fails to address plaintiffs equal protection argument in appellate brief.

ANALYSIS

At the onset, it is important to note the standard of review by which we are bound in matters of this kind. LSA-R.S.

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Bluebook (online)
656 So. 2d 1077, 95 La.App. 5 Cir. 135, 1995 La. App. LEXIS 1478, 1995 WL 320140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hensel-v-state-ex-rel-department-of-labor-office-of-employment-security-lactapp-1995.