Matherne v. Gold Crest Cleaners, Inc.

486 So. 2d 943, 1986 La. App. LEXIS 6485
CourtLouisiana Court of Appeal
DecidedMarch 25, 1986
DocketNo. CA 85 0025
StatusPublished
Cited by4 cases

This text of 486 So. 2d 943 (Matherne v. Gold Crest Cleaners, 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
Matherne v. Gold Crest Cleaners, Inc., 486 So. 2d 943, 1986 La. App. LEXIS 6485 (La. Ct. App. 1986).

Opinion

SAVOIE, Judge.

Defendant, Gold Crest Cleaners, Inc., appeals the trial court’s judgment awarding plaintiff, Evelyn E. Matherne, workmen’s compensation benefits from July 29, 1983, continuing for the period of her disability.

On October 4, 1982, plaintiff sustained neck injuries in a slip and fall accident while employed as a laundry processor for defendant. Following the accident, defendant paid plaintiff her workmen’s compensation benefits and all medical expenses incurred until March 30, 1983. At this point benefits were terminated because defendant felt that “there were no objective medical symptoms existing which supported plaintiff’s subjective medical symptoms.” Plaintiff subsequently filed suit (# 72,553) on June 7, 1983, seeking payment of additional benefits. After trial on the merits, judgment was rendered in plaintiff’s favor, awarding her benefits through July 28, 1983. The court in its reasons for judg[944]*944ment, specifically noted that medical evidence had been presented supporting plaintiffs disability through July 28, 1983, but that an award for subsequent benefits would be based on pure speculation. The court did not find that plaintiff had fully recovered as of July 28, 1983, and was silent with respect to her right to apply for modification of the judgment.

After the judgment became final and ex-ecutory, defendant placed into the registry of the court the full amount of the judgment. On January 24, 1984, plaintiff was permitted to withdraw the full amount of the judgment.

Plaintiff then filed suit (# 75,009) on February 6, 1984, seeking workmen’s compensation benefits for continued disability from July 29, 1983, onward. Defendant filed a peremptory exception of res judicata claiming that this matter had been resolved by final judgment in the prior suit (# 72,-553). The trial court1 denied the exception, noting in its reasons for judgment that this is an action for the modification of a workmen’s compensation judgment under LSA-R.S. 23:13312, and not a new suit. Defendant then applied for writs to review the ruling on the exception of res judicata. This court denied the writ, stating that the ruling of the trial court was correct. Thereafter, trial on the merits was conducted and the trial court ruled in plaintiff’s favor.

From that judgment, defendant appeals alleging the following specifications of error:

1. Whether LSA R.S. 23:1331 applies to the instant workman’s compensation action;

2. Whether the peremptory exception of res judicata should have been maintained;

3. Whether the plalintiff’s (sic) injuries, alleged, were caused by an intervening accident that was not causally related to the October 4, 1982 work-related fall.

SPECIFICATION OF ERROR NO. 1

Defendant avers that the trial court erred in applying LSA-R.S. 23:1331 as an exception to the principle of res judicata in this case. Defendant contends that plaintiff has not shown a change in circumstances as to her disability or that the initial judgment was obtained through error, fraud or misrepresentation as contemplated by the statute. On the contrary, defendant submits that plaintiff, through a new lawsuit, is merely requesting re-evaluation of her same injuries in order to add a new period of time to her benefits. Accordingly, defendant claims that LSA-R.S. 23:1331 should not be applicable to the instant proceeding.

A review of the record reveals that although plaintiff’s claim may have been premature 3, it did show a change in duration of disability sufficient to merit modification under LSA-R.S. 23:1331.

The purpose of this statute in providing for subsequent modification of a judgment of compensation was to allow either the injured employee or the employer to have [945]*945the compensation adjusted to correspond to any change in the employee’s disability which may have occurred after the award of such a judgment. Jefferson v. Laure N. Truck Line, 181 So. 821 (La.App.Orleans 1938), affirmed 192 La. 29, 187 So. 44 (1939); and Zachary v. Bituminous Casualty Corp., 371 So.2d 1249 (La.App. 3rd Cir.1979). Furthermore, an increase in the duration of disability has been held to be one type of change in a claimant’s condition addressed by LSA-R.S. 23:1331. See Zachary, supra.

In the case before us it is clear that plaintiff has shown a change in the duration of her disability. The trial court in the initial suit determined that plaintiff had proven disability from the time of accident until July 28, 1983. The trial court, while finding that the medical evidence did not support an award of disability thereafter, did not find that plaintiff was fully recovered as of that date. Rather, the trial court ruled that to find disability for a longer period would be pure speculation.

In the present suit, medical evidence supports a finding that plaintiff’s disability has extended beyond the date initially contemplated by the court. As such, plaintiff has evidenced an increase in duration of disability thus justifying the application of LSA-R.S. 23:1331.

Accordingly, this assignment of error is without merit.

SPECIFICATION OF ERROR NO. 2

Defendant contends that the trial court erred in denying his peremptory exception of res judicata. It is defendant’s position that both suits in this matter involved the same parties, accident, injuries, and cause of action and therefore, the second suit (# 75,009) is barred by the final judgment rendered in the prior suit (# 72,553).

In support of his claim, defendant relies on Louisiana Civil Code article 22864 which states:

The authority of the thing adjudged takes place only with respect to what was the object of the judgment. The thing demanded must be the same; the demand must be founded on the same cause of action; the demand must be between the same parties and formed by them against each other in the same quality.

Our courts have repeatedly held that this article is stricti juris and each and every element of the formula must be present in order to maintain a plea of res judicata. Bethard v. State, Through Board of Trustees of District Attorneys’ Retirement System, 471 So.2d 989 (La.App. 1st Cir.), writ denied, 475 So.2d 1109 (La.1985).

In the case sub judice, certain elements required for the application of the doctrine of res judicata are not present. While the suits are between the same parties in the same quality, the object demanded and cause of action are not the same. In the initial suit (#72,553), the cause of action was based on the work related accident with the object or demand being benefits due from the accident through plaintiff’s term of disability. In the present suit (# 75,009) the cause of action is based not on the accident, but rather upon plaintiffs continuing disability. The object or thing demanded in the present suit is an award of benefits beginning July 29, 1983, which differs in time from the benefits previously granted.

Additionally, we note that this suit is actually a continuing determination of plaintiff’s disability following a judgment finding that plaintiff was indeed disabled. Had the trial court previously ruled that plaintiff was not disabled and therefore not entitled to benefits, then this matter would then be barred by res judicata, but such is not the case here.

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Bluebook (online)
486 So. 2d 943, 1986 La. App. LEXIS 6485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matherne-v-gold-crest-cleaners-inc-lactapp-1986.