Lucas v. Military Dept.

498 So. 2d 161
CourtLouisiana Court of Appeal
DecidedNovember 12, 1986
DocketCA 85 0923
StatusPublished
Cited by6 cases

This text of 498 So. 2d 161 (Lucas v. Military Dept.) 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
Lucas v. Military Dept., 498 So. 2d 161 (La. Ct. App. 1986).

Opinion

498 So.2d 161 (1986)

James LUCAS
v.
The MILITARY DEPARTMENT, State of Louisiana.

No. CA 85 0923.

Court of Appeal of Louisiana, First Circuit.

November 12, 1986.
Writ Denied January 23, 1987.

Michael W. Shannon, Alexandria, for plaintiff-appellee James Lucas.

James C. Downs, Alexandria, for defendant-appellant The Military Dept., State of La.

Before GROVER L. COVINGTON, C.J., and LANIER and ALFORD, JJ.

LANIER, Judge.

This is a suit for benefits under the Louisiana Worker's Compensation law by a member of the Louisiana National Guard against the Military Department of the State of Louisiana (State). The State answered and defended on the ground that the guardsman was not entitled to Louisiana worker's compensation benefits as a matter of law, and, in the alternative, if compensation benefits were due, the State was entitled to a credit for all social security disability benefits paid to the guardsman. The trial court ruled (1) the guardsman was entitled to Louisiana worker's compensation benefits from the State, (2) the guardsman was totally and permanently disabled and entitled to maximum benefits, (3) the State was not entitled to any offset or credit for social security benefits paid to the guardsman, (4) the State was entitled to a credit for wages paid in lieu of compensation, (5) the guardsman was not entitled to statutory penalties, and (6) the State was liable for all costs legally assessable against it. The State took this supensive appeal.

*162 FACTS

The operative facts of the case are simple and undisputed. The guardsman was injured on or about July 22, 1981, while attempting to lift a portable toilet into a military truck during a two week annual training exercise at Camp Beauregard, Rapides Parish, Louisiana, while a member of the Louisiana National Guard. The guardsman was ordered to the annual training session, pursuant to 32 U.S.C. 502. As a result of this injury during annual training, the guardsman has received federal benefits, including incapacitation pay during his period of disability until discharge from the Louisiana National Guard and United States Veterans Administration disability benefits.

IS A MEMBER OF THE LOUISIANA NATIONAL GUARD WHO IS INJURED IN THE LINE OF DUTY DURING FEDERALLY ORDERED ANNUAL TRAINING ENTITLED TO LOUISIANA WORKER'S COMPENSATION BENEFITS?

The State's only assignment of error is that "[t]he Trial Court erred when it granted plaintiff Louisiana State workmen's compensation benefits pursuant to R.S. 23:1211 for an injury received while plaintiff was engaged in federally mandated annual training drill pursuant to 32 U.S.C. 502 and while plaintiff was thus in the active service of the United States of America."

The Louisiana National Guard is a branch of the militia of the State. The unit to which Lucas belonged was a part of the active National Guard as defined in La.R.S. 29:4. However, enlistments in the National Guard and qualifications for applicants are controlled by federal law, not State statutes. Title 32 of the United States Code contains the relevant federal laws.

Under Louisiana law, an employee is entitled to worker's compensation benefits if he "receives personal injury by accident arising out of and in the course of his employment[.]" La.R.S. 23:1031. Thus, we must first determine herein whether Lucas was an employee of the State or an employee of the United States, or both, at the time of his accident.

The National Guard has a State mission[1] and a United States mission. The United States mission of the National Guard is to be ready in the event of a call by the President of the United States, or to assist the regular forces of the United States to execute the laws of the United States. 10 U.S.C. 3079 and 3500. A two week annual training exercise is mandated by 32 U.S.C. 502(a), which training is exclusively for the United States mission. Lucas was participating in the two week annual training exercise for the United States mission when he was injured. The training facilities (Camp Beauregard) are federally owned, the guardsmen (such as Lucas) are paid for training by the United States, and all training equipment and related expenditures are funded by the United States. 32 U.S.C. 106, 107 and 502(f). As a result of his injuries, Lucas has received United States benefits. Other states have held that guardsmen injured during annual training for the United States are not employees of the state and are not entitled to state worker's compensation benefits. Farrier v. Conner, 12 Ohio St.3d 219, 466 N.E.2d 557 (1984); Commonwealth, Pennsylvania National Guard v. Workmen's Compensation Appeal Board, 63 Pa. Cmwlth. 1, 437 A.2d 494 (Pa.1981); Kentucky *163 National Guard v. Bayles, 535 S.W.2d 234 (Ky.1976); Atkins v. State, Department of Highway Safety and Motor Vehicles, 383 So.2d 313 (Fla.App. 1st Dist. 1980). We agree with these holdings.

Lucas contends he is entitled to Louisiana worker's compensation benefits, in addition to United States benefits, because of La.R.S. 23:1211, which, in 1981, provided as follows:

Special compensation benefits for injury or death of member of national guard

A. Every member of the national guard who is accidentally injured, or his dependents if he is accidentally killed, while on active duty during a state of emergency declared by the governor and for the duration of such emergency as declared by the governor, shall be compensated by the state in accordance with the worker's compensation law, including but not limited to such medical, surgical and hospital services and medicines and such disability and death benefits as are authorized by said worker's compensation law.
B. No compensation shall be paid by the state for injury or death occurring while in the service of the United States of America or while going to or returning from this service.
C. No compensation shall be paid unless the injury or death arose out of and in the course of the service. Before any claim is certified for payment, proof that the applicant is entitled to payment shall be made in accordance with regulations prescribed by the adjutant general. The amount payable as compensation may be commuted to a lump sum settlement by agreement of the parties. In computing the weekly benefit hereunder, either the weekly wages from the member's principal civilian employment or his weekly military wages, whichever is larger, will be used. Otherwise, the provisions of the worker's compensation law apply.
D. Except as provided in Subsection C hereof, the provisions of this section and of no other law shall govern the compensation benefits payable to members of the national guard.

Lucas cites Logan v. Rochester, 463 So.2d 56 (La.App. 3rd Cir.1985), Harrell v. Military Department, 457 So.2d 314 (La.App.

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498 So. 2d 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-military-dept-lactapp-1986.