O'Bannon v. Moriah Techs., Inc.

248 So. 3d 392
CourtLouisiana Court of Appeal
DecidedMarch 29, 2018
DocketNUMBER 2017 CA 0728
StatusPublished
Cited by11 cases

This text of 248 So. 3d 392 (O'Bannon v. Moriah Techs., 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
O'Bannon v. Moriah Techs., Inc., 248 So. 3d 392 (La. Ct. App. 2018).

Opinions

WELCH, J.

The plaintiff/appellant, Adam O'Bannon, appeals a summary judgment from the Louisiana Office of Workers' Compensation ("OWC") in favor of the defendant/appellee, Texas Mutual Insurance Company ("TMIC"), the workers' compensation insurer of his employer, Moriah Technologies, Inc. ("Moriah"), dismissing *396TMIC, with prejudice. For the reasons that follow, we reverse in part and affirm in all other respects.

FACTS AND PROCEDURAL HISTORY

The facts of this case are not in dispute. O'Bannon, a Louisiana resident, was injured in Louisiana in June 2012, while in the course and scope of his employment with Moriah, a Texas corporation. TMIC provided a policy of workers' compensation insurance to Moriah. O'Bannon filed a disputed claim for compensation with the OWC in Louisiana against Moriah and TMIC in October 2012. Moriah filed a cross-claim against TMIC, seeking reimbursement for attorney fees and costs incurred in the defense of the matter, as well as reimbursement of any benefits paid to O'Bannon.

Following trial, the workers' compensation judge ("WCJ") signed a judgment on January 13, 2015, holding that O'Bannon was an employee of Moriah who sustained an injury during the course and scope of his employment with Moriah, and further, that the accident and injury sustained were "traditional" workers' compensation accidents and injuries as defined by the Louisiana Workers' Compensation Act ("LWCA"), La. R.S. 23:1021 et seq. The WCJ cast Moriah in judgment for indemnity, medical benefits and expenses, penalties, attorney fees, and costs of the proceeding for Moriah's failure to timely pay indemnity and medical benefits pursuant to La. R.S. 23:1201(B) and 23:1201(E). Additionally, the WCJ held that it did not have subject matter jurisdiction over Moriah's cross-claim against TMIC for reimbursement of workers' compensation benefits and dismissed Moriah's claim against TMIC, with prejudice. Finally, the WCJ dismissed O'Bannon's claim against TMIC, with prejudice.1

Moriah appealed the judgment of the WCJ. In O'Bannon v. Moriah Techs., Inc. , 2015-1460 (La. App. 1st Cir. 6/3/16), 196 So.3d 127, this court affirmed the WCJ's ruling that O'Bannon was an employee of Moriah and that he sustained injury as a result of an accident that occurred during the course and scope of his employment with Moriah. 196 So.3d at 137, 140. This court affirmed the WCJ's award of indemnity, medical benefits and expenses, penalties, attorney fees, and costs to O'Bannon. Id. at 142. Regarding the OWC's jurisdiction over the claims asserted against TMIC, this court held that the OWC had exclusive subject matter jurisdiction over the claims asserted by O'Bannon and Moriah against TMIC, even though the insurance policy at issue might require the application of Texas law to determine coverage. We accordingly vacated the portions of the WCJ's judgment and supplemental and amending judgment that held the OWC did not have jurisdiction over the claims asserted against TMIC by O'Bannon and Moriah and remanded the matter to the OWC for further proceedings consistent with our opinion.2 Id. at 141-42.

Upon remand, TMIC filed a motion for summary judgment arguing that its policy *397of workers' compensation insurance issued to Moriah does not provide coverage in favor of O'Bannon and Moriah and further, that Moriah does not qualify for reimbursement under the policy. O'Bannon and Moriah opposed TMIC's motion for summary judgment. Following a hearing held on December 7, 2016, the WCJ granted summary judgment in favor of TMIC and signed a judgment on January 20, 2017 that: 1) held that TMIC's policy does not provide coverage to Moriah for O'Bannon's workplace accident; 2) gave full faith and credit to a Texas judgment-rendered in favor of TMIC granting a motion for summary judgment and a petition for declaratory judgment-which held that TMIC had no duty to defend, indemnify, or reimburse Moriah in the instant suit; and, 3) dismissed TMIC from the instant suit, with prejudice. The WCJ certified the partial summary judgment as final pursuant to La. C.C.P. art. 1915(B) and issued written reasons for judgment. O'Bannon now appeals the January 20, 2017 judgment, arguing the WCJ erred in concluding that no workers' compensation coverage existed in his or Moriah's favor under TMIC's policy of workers' compensation insurance and that the WCJ erred in granting summary judgment in favor of TMIC, dismissing the insurer from the suit, with prejudice.

TMIC'S MOTION TO SUPPLEMENT THE RECORD

While the prior appeal was pending, TMIC obtained a judgment from the 261st Judicial District Court ("JDC") of Travis County, Texas in Texas Mutual Insurance Company v. Moriah Technologies, Inc., cause no. D-1-GN-14-000479. The judgment, signed January 5, 2016, granted summary judgment and declaratory judgment in favor of TMIC and 1) held that TMIC had no duty to defend, indemnify, or reimburse Moriah regarding O'Bannon's claims for workers' compensation benefits in the OWC in Louisiana; and, 2) dismissed Moriah's counterclaims for breach of contract, bad faith, and late payment of claims in the Texas suit. This is the Texas judgment referred to in the WCJ's January 20, 2017 judgment granting summary judgment in favor of TMIC.

Thereafter, TMIC petitioned the 14th JDC in Calcasieu Parish, Louisiana to recognize the January 5, 2016 Texas judgment and make it executory in the State of Louisiana. In an order signed June 13, 2017, the trial court ordered that the Texas judgment be registered, recognized, enforced, and made executory in the State of Louisiana in accordance with the Louisiana Enforcement of Foreign Judgments Act ("LEFJA"). See La.R.S. 13:4241 -4248.

TMIC filed the instant unopposed motion to supplement the appellate record with copies of the January 5, 2016 Texas judgment and the June 13, 2017 judgment of the 14th JDC. This court entered an interim order referring TMIC's motion to supplement the appellate record to the panel to which the appeal is assigned.

As an appellate court, we have no jurisdiction to review evidence that is not in the record on appeal, and we cannot receive new evidence. Niemann v. Crosby Dev. Co. , 2011-1337 (La. App. 1st Cir. 5/3/12), 92 So.3d 1039, 1044. An appellate court must render its judgment upon the record on appeal, i.e. , that which is sent by the lower court to the appellate court and includes the pleadings, court minutes, transcripts, jury instructions (if applicable), judgments, and other rulings, unless otherwise designated. See La. C.C.P.

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248 So. 3d 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obannon-v-moriah-techs-inc-lactapp-2018.