MacFarlane v. SCHNEIDER NAT. BULK CARRIERS

984 So. 2d 185, 2007 La.App. 4 Cir. 1386, 2008 La. App. LEXIS 692, 2008 WL 2002575
CourtLouisiana Court of Appeal
DecidedApril 30, 2008
Docket2007-CA-1386
StatusPublished
Cited by32 cases

This text of 984 So. 2d 185 (MacFarlane v. SCHNEIDER NAT. BULK CARRIERS) 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
MacFarlane v. SCHNEIDER NAT. BULK CARRIERS, 984 So. 2d 185, 2007 La.App. 4 Cir. 1386, 2008 La. App. LEXIS 692, 2008 WL 2002575 (La. Ct. App. 2008).

Opinion

984 So.2d 185 (2008)

Francis MacFARLANE
v.
SCHNEIDER NATIONAL BULK CARRIERS, INC.

No. 2007-CA-1386.

Court of Appeal of Louisiana, Fourth Circuit.

April 30, 2008.

*186 Gregory Reardon, Slidell, LA, for Plaintiff/Appellant.

C. David Vasser, Jr., Vasser & Vasser, Baton Rouge, LA, for Defendant/Appellee.

(Court composed of Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE, Judge ROLAND L. BELSOME).

ROLAND L. BELSOME, Judge.

Plaintiff-Appellant appeals the judgment from the Office of Workers' Compensation denying a motion for penalties and attorney's fees. For the reasons that follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

Appellant Francis MacFarlane, the employee, and her employer, Schneider National Bulk Carriers, Inc. ("Schneider"), agreed to settle Mr. MacFarlane's workers' compensation case by a signed settlement agreement.[1] Neither party disputes *187 that the Joint Petition for the Settlement and Compromise ("Joint Petition") was jointly drafted and approved by both parties and their respective counsel. On July 19, 2006, the Workers' Compensation Court approved the Joint Petition by a signed order. The agreement provided, in part, for a lump sum cash payment of $140,000.00, without deduction of compensation payments or medical expenses previously paid. The settlement agreement also provided that Schneider was to provide for funding of a previously established Medicare Set-Aside account ("MSA"), which was to be funded by an initial lump sum payment of $19,021.05. Subsequent to the initial lump-sum payment, the MSA was to be funded by annuity payments made by Schneider. Appellant submits that pursuant to La. R.S. 23:1201(G)[2] and La. R.S. 23:1271,[3] the initial lump sum payment was to be funded by Schneider within thirty days of the order; however, the MSA was not funded until November 1, 2006, or 105 days after the July 19, 2006 order.[4] Appellant does not dispute that *188 the settlement agreement did not specifically provide that the MSA be funded by Schneider within thirty days of the settlement agreement.

On February 8, 2007, Appellant filed a Motion and Order for Penalties and Attorney's Fees with the Office of Workers' Compensation ("OWC") on the basis that the MSA was not funded within thirty days as mandated by Louisiana law. After a hearing on May 16, 2007, the court requested briefs from both parties. On July 6, 2007, the OWC denied Appellant's motion. This appeal followed.

DISCUSSION

In his sole assignment of error, Appellant submits that the trial court erred in finding that the initial lump sum payment of $19,021.05 for the MSA did not have to be funded within thirty days of the settlement agreement and in denying Appellant's motion for penalties and attorney's fees. We agree.

"In worker's compensation cases, the appropriate standard of review to be applied by the appellate court to the OWC's findings of fact is the `manifest error-clearly wrong' standard." Dean v. Southmark Construction, XXXX-XXXX, p. 7 (La.7/6/04), 879 So.2d 112, 117. When legal error interdicts the fact-finding process in a workers' compensation proceeding, the de novo, rather than the manifest error, standard of review applies. Brantley v. Delta Ridge Implement, Inc., 41,190, p. 8 (La.App. 2 Cir. 6/28/06), 935 So.2d 308, 314. Likewise, "[t]he interpretation of statutes pertaining to worker's' compensation is a question of law and warrants a de novo review to determine if the ruling was legally correct." Lirette v. Patterson Services, Inc., 2005-2654, p. 4 (La.App. 1 Cir. 11/17/06), 951 So.2d 223, 226 (citing Hand v. City of New Orleans, 04-0845, p. 5 (La.App. 4 Cir. 12/22/04), 892 So.2d 609, 612). Because we find that the trial court committed legal error in finding that La. R.S. 23:1201(G) did not apply the facts of the instant case, we review the matter de novo.'

Appellant argues that the settlement in the instant case was in accordance with the mandates of La. R.S. 23:1271 and is thus a final, non-appealable judgment under La. R.S. 23:1201(G). Therefore, Appellant submits that the MSA, as part of the lump sum settlement agreement, included both the $140,000.00 and $19,021.05, and thus constituted "any award" pursuant to the language of La. R.S. 23:1201(G). Because the MSA was not funded by Schneider within thirty days, Appellant maintains that penalties and attorney's fees should be awarded in accordance with the plain language of La. R.S. 23:1201(G).

The Joint Petition referenced the Compromise Agreement and Release,[5] which provided that the lump sum cash payment of $140,000.00 was to be made to Mr. MacFarlane "within thirty days of judicial approval of this compromise and release."[6] Similarly, with regard to the MSA, neither the Joint Petition nor the Compromise *189 Agreement and Release required funding within thirty days of the OWC approval of the settlement, but instead provided as follows:

The parties have created the Francis MacFarlane Medicare Set-Aside Account (hereinafter "Set-aside"), which will be funded with an initial lump-sum of $19,021.05 plus an annuity paying $7,358.79 per year for Mr. MacFarlane's life beginning in 2007 for medical care plus an annuity paying $1,829.48 per year for Mr. MacFarlane's life beginning in 2007 for medications.[7]

Appellee Schneider thus argues that the reason for the omission of the thirty day deadline in both the settlement and the court's order was because the parties did not ever agree or contemplate that Schneider would have only thirty days from the date of OWC approval of the settlement to make the MSA lump sum payment. Moreover, Schneider argues that the parties were both aware that by law, the settlement had to first be submitted to Medicare for approval, which was a process that neither party anticipated would be completed within thirty days.

Conversely, Appellant argues that the parties' intent was to provide for funding of Mr. MacFarlane's future medical care and indemnity benefits without shifting the burden to Medicare. Furthermore, Appellant submits that although his counsel reviewed and approved the settlement documents, the documents were actually drafted by counsel for Appellee, and as such, should be interpreted against the drafter because the language is ambiguous. Appellant maintains that he intended the lump-sum payment for the MSA to be made contemporaneously with the lumpsum indemnity payment. Because the wording of the agreement was interpreted differently by the parties, Appellant argues, the language is ambiguous and should be interpreted in favor of the nondrafting party.

We find that La. R.S. 23:1201(G) applies to the facts of the instant case. The judgment in this case was a final, nonappealable judgment;[8] it was a settlement and lump-sum award in exchange for the discharge and release of Appellee, completed in accordance with the mandates of La. R.S. 23:1271 and La. R.S. 23:1272.[9]*190 While the language of La. R.S. 23:1201(G) does not specifically address the funding of Medicare set-aside accounts, it plainly provides for penalties and attorney's fees for non-payment of "any award payable under the terms of a final, nonappealable judgment" within thirty days after the judgment becomes due. La. R.S. 23:1201(G)(emphasis added).

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Bluebook (online)
984 So. 2d 185, 2007 La.App. 4 Cir. 1386, 2008 La. App. LEXIS 692, 2008 WL 2002575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macfarlane-v-schneider-nat-bulk-carriers-lactapp-2008.