Neathamer v. Singleton

182 So. 3d 406, 15 La.App. 5 Cir. 411, 2015 La. App. LEXIS 2678, 2015 WL 9434142
CourtLouisiana Court of Appeal
DecidedDecember 23, 2015
DocketNo. 15-CA-411
StatusPublished
Cited by2 cases

This text of 182 So. 3d 406 (Neathamer v. Singleton) 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
Neathamer v. Singleton, 182 So. 3d 406, 15 La.App. 5 Cir. 411, 2015 La. App. LEXIS 2678, 2015 WL 9434142 (La. Ct. App. 2015).

Opinion

SUSAN M. CHEHARDY, Chief Judge.

|2Pefendant, the Jefferson Parish School Board, appeals from the district court’s judgment in favor of plaintiff, Susan Neathamer, a public school teacher who was awarded benefits for. an injury she sustained on the job. For the reasons that follow, we affirm in part, vacate in part, and render judgment.'

FACTS AND PROCEDURAL HISTORY

On February 25, 1987, Susan Neathamer ,was .employed by the Jefferson Parish School Board (“the School Board”) as a certified physical education teacher at Li-vaudais Junior High School in Terrytown, Louisiana. During her second period class that day,' Ms. Neathamer was injured while" breaking up a fight between two female students. The permanent effects of this injury prevented Ms. Neathamer from resuming her teaching career. She ultimately resigned from the [^School Board in 1989, attended law school, and became a licensed attorney in 1992.

Prior to this career change, Ms. Neath-amer had attempted 'to regain her health and resume her career as a teacher, seeking treatment from several doctors and undergoing years of physical therapy: During this period, while out of work and receiving workers’ compensation benefits, Ms. Neathamer filed a petition for damages on February 24,1988 against the two students and their mothers, the Jefferson Parish School Board, and the State of Louisiana through the Department of Education.

Also during this period, on January 27, 1989, Ms. Neathamer submitted a «request to the School Board for “assault pay” benefits, benefits reserved for public school teachers who are injured on the job as a result of an assault or battery. This request was denied with the following explanation: ■ •

In determining whether or not a "teacher is entitled to ‘assault pay,’ the personnel department of Jefferson Parish School Board looks to whether the act was an intentional act directed toward the teacher. In the past as in this case, when, a teacher is breaking up a fight between students and is injured, the injury falls within the worker’s compensa-tiop and not assault pay.

Ms. Neathamer incorporated this claim for assault pay into her petition for damages by way of an amending petition filed in 1990. Following years of pre-trial matters,1 the issue of assault pay proceeded to a four-day bench trial in August 2014. On September 9, 2Q14, the district court rendered judgment in favor of Ms. Neathamer and against the School Board. The court found Ms. Néathamer’s injury was the result of a battery and awarded her assault pay in the amount of $68,248.47 plus costs and legal interest from date of judicial demand. The School Board appeals from this judgment.

J^DISCUSSION

On appeal, the School Board argues: (1) the district court erred in "finding Ms. Neathamer’s injury was the result of a battery entitling her to assault pay; and [409]*409(2) the district erred in its calculation of assault pay.

■At the core of this case is the “assault pay” provision in La. R.S. 17:1201(0). In February of 1987, this provided in pertinent part:

(1) Any teacher and superintendent of the public schools who- is injured and disabled while acting in his official capacity'as a result of as'sault by any student or person shall receive sick leave without reduction in pay and without reduction in accrued sick leave days while disabled as a result of such assault and battery. However, such teacher shall be required to present a .certificate from a physician certifying such injury and disability.

Under this former version -of the law, if a public school teacher was injured on the job by means other than an assault or battery, he was only entitled to general workers’ compensation benefits. In 1991, the legislature amended the law to add another category of benefits for public school teachers who were injured as a result of physical contact with a student initiated to protect a student from danger or risk of injury. See Acts11991, No. 360; § 1, eff. July 6,1991. With this addition, known as the “physical contact” provision, the legislature apparently sought to supply an enhanced level of protection for teachers injured while breaking up fights between students. This addition reflected a legislative determination that under the prior vei-sion of the law, teachers so injured were relegated to general workers’ compensation benefits because such injuries typically did not qualify for compensation under the assault pay provision.

Admittedly, this post-1991 version of the law does not apply to the present case. Nevertheless, the current version of La. R.S. 17:1201(C)(l)(a) is substantively the same as it. was in 1987; and the jurisprudence interpreting the current version is instructive.

1 ¿Interpreting the law after the 1991 amendment, the Louisiana Fourth Circuit observed that La. R.S. 17:1201 provides three levels or classifications of protection for public school teachers, conferring benefits according to the type of conduct that causes the teacher’s injury. See Boseman v. Orleans Parish Sch. Bd., 98-1415 (La.App. 4 Cir. 1/6/99), 727 So.2d 1194, 1197, writ denied, 99-390 (La.4/1/99), 742 So.2d 554.

. The first level of protection- provides general workers’ compensation, benefits for a teacher “injured or disabled, while acting in his official capacity.” Boseman, supra. (citing La. R.S. 17:1201(D)). This applies to any injury or disability sustained while on the job, such as when a teacher slips or falls-down stairs. Id.

The second and third levels of protection provide benefits in addition to general workers’ compensation when a teacher is injured as a result of physical contact with another person. Boseman, supra; La. R.S. 17:1201(C). ThE second level of protection, the physical contact provision, applies if the teacher “is injured or disabled as "a result of physical contact with a student whiie providing physical assistance to a’ student to prevent danger or risk of injury to the student.” La. R.Si 17:1201(C)(i)(b)(i). The 'third and highest level of protection,’ the assault pay provision, applies if the teacher “is injured or disabled ... ás a result Of assault or battery by any student or person.” La. R.S. 17:1201(C)(l)(a).

In this case, -it. is not disputed that Ms. Neathamer was injured' as a result of physical contact with a student. The district court found this physical contact amounted to a battery, entitling Ms. [410]*410Neathamer to assault pay. The School Board disagrees and asks us to review that finding here on appeal.2

| fiÁs this was a factual finding, our review is conducted under the manifest error/clearly wrong standard. Under this standard, a court of appeal may not set aside a trial court’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.” Stobart v. State through Dep’t of Transp. and Dev., 617 So.2d 880, 882 (La.1993); Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). To reverse a trial court’s factual findings, the appellate court must: (1) find from the record that a reasonable factual basis does not exist for the finding of the trial court, and (2) determine that-the record establishes the finding is clearly wrong or manifestly' erroneous. Stobart, supra.

The issue to be resolved, by a reviewing court is not whether the factfinder was right or wrong, but whether the factfinder’s conclusion was a reasonable one. Stobart, supra.

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Bluebook (online)
182 So. 3d 406, 15 La.App. 5 Cir. 411, 2015 La. App. LEXIS 2678, 2015 WL 9434142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neathamer-v-singleton-lactapp-2015.