Maddox v. Sisters of Charity of the Incarnate Word

Louisiana Court of Appeal

Maddox v. Sisters of Charity of the Incarnate Word

506 So. 2d 233

CourtLouisiana Court of Appeal

DecidedApril 29, 1987

DocketNo. W87-408

StatusPublished

Cited by2 cases

This text of 506 So. 2d 233 (Maddox v. Sisters of Charity of the Incarnate Word) 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.

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Maddox v. Sisters of Charity of the Incarnate Word, 506 So. 2d 233 (La. Ct. App. 1987).

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Opinion

WRIT DENIED: We reject the trial court’s determination that La.R.S. 23:1102(B) has no effect with regard to an unapproved compromise agreement con-fected between the employee and a third person/tortfeasor where no suit was previously filed. However, defendant is not entitled to summary judgment dismissing plaintiff’s suit. Defendant may be liable, despite the unapproved compromise, for any amounts due plaintiff in worker’s compensation and medical benefits which accrued during the period February 19, 1986 (date of accident) and July 31,1986 (date of unapproved compromise agreement) as La. R.S. 23:1102(B) by specific provision effects a forfeiture of “the right to future compensation, including medical expenses. Further, defendant may also be liable for future benefits if plaintiff avoids forfeiture of those benefits by complying with La. R.S. 23:1102(B).

GUIDRY, DOUCET and YELVERTON, JJ., concur.

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WRIT DENIED: We reject the trial court’s determination that La.R.S. 23:1102(B) has no effect with regard to an unapproved compromise agreement con-fected between the employee and a third person/tortfeasor where no suit was previously filed. However, defendant is not entitled to summary judgment dismissing plaintiff’s suit. Defendant may be liable, despite the unapproved compromise, for any amounts due plaintiff in worker’s compensation and medical benefits which accrued during the period February 19, 1986 (date of accident) and July 31,1986 (date of unapproved compromise agreement) as La. R.S. 23:1102(B) by specific provision effects a forfeiture of “the right to future compensation, including medical expenses. Further, defendant may also be liable for future benefits if plaintiff avoids forfeiture of those benefits by complying with La. R.S. 23:1102(B).

GUIDRY, DOUCET and YELVERTON, JJ., concur.

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506 So. 2d 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maddox-v-sisters-of-charity-of-the-incarnate-word-lactapp-1987.

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