Johnson v. MARRERO-ESTELLE VOLUN. FIRE CO.

898 So. 2d 351, 2005 WL 832452
CourtSupreme Court of Louisiana
DecidedApril 12, 2005
Docket2004-CC-2124
StatusPublished
Cited by4 cases

This text of 898 So. 2d 351 (Johnson v. MARRERO-ESTELLE VOLUN. FIRE CO.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. MARRERO-ESTELLE VOLUN. FIRE CO., 898 So. 2d 351, 2005 WL 832452 (La. 2005).

Opinion

898 So.2d 351 (2005)

Ron JOHNSON
v.
MARRERO-ESTELLE VOLUNTEER FIRE COMPANY NO. 1.

No. 2004-CC-2124.

Supreme Court of Louisiana.

April 12, 2005.

*352 Gaudry, Ranson, Higgins & Gremillion, LLC, Gregory Gilmore Gremillion, Michael *353 Don Peytavin, Gretna, David Duke Kervin, Jr., New Orleans, for Applicant.

McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel, Michael Thomas Tusa, Jr., Andre' Jude Lagarde, Metairie, for respondent.

Alvin Bordelon, Jr., New Orleans, for amicus curiae Harvey Volunteer Fire Company Number 1, Live Oak Manor Volunteer Fire Department, Terrytown-Fifth District Volunteer Fire Department, Inc., David Crockett Steam Fire Company No. 1, Marrero-Harvey Volunteer Fire Company No. 1, Bridge City Volunteer Fire Company No. 1, Avondale Volunteer Fire Company.

D. Michael Dendy, Gretna, for amicus curiae Nine Mile Point Volunteer Fire Company.

Louis Gerard Gruntz, Jr., Harahan, for amicus curiae, Jefferson Parish.

Debra Gail Miller, Harahan, for amicus curiae, East Bank Consolidated Special Service Fire Protection District.

Louis L. Robein, Jr., for amicus curiae, Louisiana Professional Firefighters Association, Jefferson Parish Professional Firefighter Association Local 1374, New Orleans Firefighters Association Local 632.

VICTORY, J.

We granted this writ application to determine whether La. R.S. 33:1995 requires a volunteer fire company under contract with a parish government fire protection district to pay sick leave benefits for injuries to firefighters that occur off duty. After reviewing the record and the applicable law, we affirm the judgment of the court of appeal and hold that La. R.S. 33:1995 applies to off-duty, as well as on-the-job, injuries.

FACTS AND PROCEDURAL HISTORY

Marrero-Estelle Volunteer Fire Co. No. 1 ("Marrero-Estelle") is a Louisiana not-for-profit corporation under contract with a Jefferson Parish Fire Protection District to provide fire protection services to the district. Marrero-Estelle is comprised of both paid full-time firefighters and volunteers. Ron Johnson ("Johnson") is a full-time paid firefighter for Marrero-Estelle and has been for 20 years. Johnson was injured off the job on July 5, 2002, when he fell off the roof of his house. He filed suit alleging, among other things, that Marrero-Estelle owed him sick leave benefits under La. R.S. 33:1995 for this off-duty injury.

Marrero-Estelle filed an exception of no cause of action under La. R.S. 33:1995 alleging that the statute does not apply to off-duty injuries. On March 30, 2004, the trial court issued an order and reasons granting the exception. The trial court reasoned that because La. R.S. 33:1995.1 allowed an offset of sick leave benefits paid under La. R.S. 33:1995, and because worker's compensation was only available for on-duty injuries, then La. R.S. 33:1995 must likewise be limited to on-duty injuries. The trial court also reasoned that allowing sick leave benefits for off-duty injuries would be tantamount to a donation of public funds which is prohibited by La. Const. Art. VII, § 14. The court of appeal reversed, finding that Johnson's petition stated a cause of action for sick leave pay under La. R.S. 33:1995 and remanded the matter to the trial court for further proceedings. Johnson v. Marrero-Estelle Volunteer Fire Co. No. 1, 04-4741 (La.App. 5 Cir. 5/20/04). We granted Marrero-Estelle's writ application to determine if La. R.S. 33:1995 requires it to pay sick leave benefits for off-duty injuries. Johnson v. Marrero-Estelle Volunteer Fire Co. No. 1, 04-2124 (La.12/17/04), 888 So.2d 849

*354 DISCUSSION

In New Orleans Firefighters Ass'n v. Civil Service Com'n of City of New Orleans, 422 So.2d 402, 412 (La.1982), we held that the provisions of La. R.S. 33:1991, et seq. are "remedial and humanitarian in purpose and must not be interpreted narrowly." We described the "motive and purpose" behind these laws was "plainly to make effective [the legislature's] conception of public policy that substandard labor conditions in city, parish and other local fire departments should be eliminated as being injurious to the safety and welfare of the public as well as detrimental to the health, efficiency and morale of firefighters." Id.

La. R.S. 33:1995 provides:

Every fireman in the employ of a municipality, parish or fire protection district to which this Sub-part applies, shall be entitled to full pay during sickness or incapacity not brought about by his own negligence or culpable indiscretion for a period of not less than fifty-two weeks.

The initial inquiry in this case is whether La. R.S. 33:1995, which applies to "Every fireman in the employ of a municipality, parish or fire protection district ...," applies to Marrero-Estelle, a volunteer fire company under contract with a fire protection district. We find that it does. La. R.S. 33:1991, which provides the definition section for "Subpart B," which includes La. R.S. 33:1995, defines a fireman as follows: "(1) The word `fireman,' as used in this Subpart includes ... employees of nonprofit corporations under contract with a fire protection district or other political subdivision to provide such services,..." As the court held in Terrytown Fifth Dist. Volunteer Fire Dept., Inc. v. Wilcox, 97-322 (La.App. 5 Cir. 1/14/98), 707 So.2d 449, writ denied, 98-381 (La.3/27/98), 716 So.2d 890, the clear legislative intent of the legislative amendment in 1991 of La. R.S. 33:1991(A), which included companies such as Marrero-Estelle within the definition of "fireman," was to also make the provisions of La. R.S. 33:1995 applicable to such volunteer fire departments.[1] See also Wilcox v. Terrytown Fifth District Volunteer Fire Department, Inc., 897 F.2d 765 (5th Cir.1990), cert. denied, 498 U.S. 900, 111 S.Ct. 256, 112 L.Ed.2d 214 (1990) (holding that a volunteer fire department under contract with Jefferson Parish Fire Protection District No. 5 was a public agency for purposes of the federal Fair Labor Standards Act because it was an "agency of a political subdivision.")

The main issue in this case, however, is whether La. R.S. 33:1995 requires Marrero-Estelle to pay sick leave benefits for off-duty injuries. Marrero-Estelle argues that the phrase "in the employ" included within the sentence "[e]very fireman in the employ of a municipality, parish or fire protection district to which this Sub-part applies, ..." means that the fireman must be injured while in the course and scope of his employment in order to receive the benefits provided under the statute. Marrero-Estelle points out that La. R.S. 33:1995 was enacted in 1942, when lawmakers did not use the same language in defining on-the-job injuries as they do today, and cites to several cases from that era where phrases like "in the employ" were used to describe whether a claimant's injury was job related.[2] Marrero-Estelle further argues *355 that to interpret "in the employ" to mean only "employed by" would be redundant, as without the phrase "in the employ," the sentence would still cover a "fireman of a municipality, parish or fire protection district ..." Thus, it argues that "in the employ" has to mean something more, and it must mean in the course and scope of his employment.

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Bluebook (online)
898 So. 2d 351, 2005 WL 832452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-marrero-estelle-volun-fire-co-la-2005.