Martin v. Rush's Fabricare Center, Inc.

590 So. 2d 707, 1991 La. App. LEXIS 2959, 1991 WL 236331
CourtLouisiana Court of Appeal
DecidedNovember 13, 1991
DocketNo. 90-494
StatusPublished
Cited by2 cases

This text of 590 So. 2d 707 (Martin v. Rush's Fabricare Center, Inc.) 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
Martin v. Rush's Fabricare Center, Inc., 590 So. 2d 707, 1991 La. App. LEXIS 2959, 1991 WL 236331 (La. Ct. App. 1991).

Opinion

KNOLL, Judge.

This appeal concerns the constitutionality of Louisiana’s Worker’s Compensation Act. Plaintiff’s worker’s compensation suit was dismissed on a dilatory exception of prematurity. Plaintiff, Lee Alice Martin, appeals the judgment and contends the trial court erred in concluding that: 1) she must first proceed through the Louisiana Office of Worker’s Compensation before filing suit in district court and it is not a violation of procedural due process; 2) the administrative provisions of the Louisiana’s Worker’s Compensation Act (LSA-R.S. 23:1291 et seq.) affords her equal protection under the laws of Louisiana; 3) the rules and regulations adopted by the Louisiana Office of Worker’s Compensation do not violate the Administrative Procedure Act (LSA-R.S. 49:950 et seq.); 4) her only recourse against complying with alleged illegal rules and regulations of the Louisiana Office of Worker’s Compensation was to file a Writ of Mandamus; and, 5) that the administrative provisions of the Louisiana Worker’s Compensation Act do not unreasonably delay her access to the courts.

FACTS

On October 4, 1989, Martin filed a petition for worker’s compensation benefits against her employer, Rush’s Fabricare Center, Inc. (Rush), and its worker’s compensation insurer, Royal Insurance Company (Royal) for alleged injuries received in the course and scope of her employment on April 22, 1985. The suit also included a tort claim against an employee of Royal, J.A. Bautsch.

Defendants, Rush and Royal, filed a dilatory exception of prematurity alleging that Martin’s suit was premature since she did not comply with LSA-R.S. 23:1311 et seq., which requires that she first submit her claim to the Louisiana Office of Worker's Compensation for a recommendation.

At the trial level, Martin outlined the same five constitutional objections as alleged in this appeal to the administrative provisions of the Louisiana Worker’s Compensation Act (LWCA).

The learned trial court concluded that neither were unconstitutional, ruled that her worker’s compensation suit was premature, and dismissed her suit without prejudice at her costs. This appeal followed after Martin’s motion for new trial was denied.1

Recently, this court ruled on the constitutionality of the Louisiana Worker’s Compensation Act in Bonin v. Rapides Parish [709]*709School Bd., 583 So.2d 92 (La.App. 3rd Cir.1991), writ denied, 587 So.2d 701 (La.1991), which raised similar issues presented in this appeal. With Judge Guidry as organ for the court, we held that LWCA does not violate due process, does not deny access to the courts, and does not deny equal protection of the law. We incorporate the holdings of Bonin herein by reference.

PROCEDURAL DUE PROCESS

Martin contends that the administrative provisions of the LWCA deprive her of procedural due process guaranteed under the Louisiana Constitution and the United States Constitution. She avers that: 1) LSA-R.S. 23:1306(B) and LSA-R.S. 23:1293 deprive her of procedural due process since both statutes prevent her from obtaining adverse information from the employer such as time, date, place, cause and nature of the injury, and medical records that include rehabilitation and attempted rehabilitation of the injured employee; and, 2) LSA-R.S. 23:1310.1 violates the procedural due process requirement since no formal hearing is mandated even though the LWCA adjudicates disputed facts.

The United States Constitution provides that no State shall deprive any person of life, liberty, or property without due process of law. U.S. Const. Amendment 14.

Procedural due process imposes constraints on governmental decisions which deprive individuals of property interests within the meaning of the Fourteenth Amendment. Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976). Termination of statutory entitlements such as welfare benefits and unemployment compensation involve state action that adjudicates important rights. Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970); Skerbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1963).

Identifying what specific dictates of due process are required, the Supreme Court has enumerated these factors: first, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. Mathews, supra.

The Louisiana Constitution provides that “[n]o person shall be deprived of life, liberty, or property, except by due process of law.” La.Const. Article 1, Section 2. Procedural due process under the Louisiana Constitution encompasses prior notice and a chance to be heard. State v. Woodard, 387 So.2d 1066 (La.1980).

However, the obvious but sometimes overlooked initial requirement in any due process claim is that the claimant show the existence of some property interest that has been adversely affected by State action. Delta Bank & Trust Co. v. Lassiter, 383 So.2d 330 (La.1980).

In the case sub judice, a review of the record shows that Martin has no procedural due process claim since her alleged property interest of receiving worker’s compensation benefits is not adversely affected by state action.

Under the statutory scheme of the LWCA, an employee, his dependent, the employer, or the insurer may file a claim regarding worker’s compensation when a dispute arises over compensation in connection with a worker’s injury resulting in excess of seven days lost time. LSA-R.S. 23:1310. Under former 23:1310.1, within thirty days after receipt of the claim, the director shall issue a recommendation to the parties for resolution of the dispute. The recommendation is advisory only and is not admissible into evidence in any subsequent legal proceeding. Id. Failure to reject the recommendation within the thirty day time period creates a presumption that the recommendation is accepted. Id. Once the recommendation is accepted, either expressly or tacitly, either party may apply for a modification of the recommendation at any time after six months from the date of acceptance. LSA-R.S. 23:1331(C).

[710]*710A plain reading of the aforementioned worker’s compensation statutes shows that the State is merely acting in a mediatory role in an effort to resolve a dispute between two private parties. Although participation in the informal dispute resolution proceeding is mandatory, the parties are in no way bound by the outcome. If the recommendation is unfavorable to Martin, she may reject the recommendation within the statutory time period and pursue a worker’s compensation claim in district court.

Explaining the nature of the informal dispute resolution proceeding, our Supreme Court stated:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Messina v. St. Charles Parish Council
865 So. 2d 158 (Louisiana Court of Appeal, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
590 So. 2d 707, 1991 La. App. LEXIS 2959, 1991 WL 236331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-rushs-fabricare-center-inc-lactapp-1991.