Payne v. Country Pride Foods, Ltd.

525 So. 2d 106, 1988 La. App. LEXIS 751, 1988 WL 16511
CourtLouisiana Court of Appeal
DecidedMarch 2, 1988
Docket87-68
StatusPublished
Cited by14 cases

This text of 525 So. 2d 106 (Payne v. Country Pride Foods, Ltd.) 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
Payne v. Country Pride Foods, Ltd., 525 So. 2d 106, 1988 La. App. LEXIS 751, 1988 WL 16511 (La. Ct. App. 1988).

Opinion

525 So.2d 106 (1988)

Dannie A. PAYNE, Plaintiff-Appellee,
v.
COUNTRY PRIDE FOODS, LTD., et al., Defendants-Appellants.

No. 87-68.

Court of Appeal of Louisiana, Third Circuit.

March 2, 1988.

*107 C.R. Whitehead, Jr., Natchitoches, for plaintiff-appellee.

Watson, Murchison, Crews, Arthur & Corkern, R. Raymond Arthur, Natchitoches, for defendants-appellants.

Before DOMENGEAUX and LABORDE, JJ., and CULPEPPER [*], J. Pro Tem.

DOMENGEAUX, Judge.

Dannie Andrew Payne commenced these proceedings to recover worker's compensation benefits for an injury he suffered during the course and scope of his employment. Payne named as defendants: (1) Country Pride Foods, Ltd. (Country Pride), his employer at the time of the accident; and (2) The Travelers Insurance Company (Travelers), Country Pride's worker's compensation insurance carrier.

On December 8, 1983, Payne injured his right thumb while changing the blades on a vent machine at his employer's chicken processing plant in Natchitoches, Louisiana. Payne underwent numerous surgical procedures to repair the damage, but has suffered a permanent decreased range of motion and loss of strength. The claimant's doctor, Dr. W. Harold Brown, assessed his disability as a forty-five percent loss of ability of the right thumb and a fifteen percent loss of ability of the right hand.

The claimant received worker's compensation benefits during the period of his absence from work. Those benefits are therefore not the subject of this suit.

Payne returned to work at Country Pride on May 17, 1985. Country Pride reemployed him at the same pay scale, provided him with approximately the same number of hours per week, including overtime, and assigned him to perform essentially the same duties.

On June 5, 1985, less than one month after his return to Country Pride, Payne was observed disposing of chicken necks in a manner in violation of company policy. The chicken necks in question had fallen to the floor and could not be used for human consumption. Payne, instead of collecting the necks for processing into pet food, attempted to dispose of them by putting them down a disposal drain.

Payne, upon being observed, was instructed to go to one of his supervisors' offices and was informed upon his arrival that his action violated company policy. The supervisor further advised Payne that he would receive a written reprimand. Payne was instructed to sign the reprimand, but he refused to do so and became very defensive. He then, in an arrogant tone, challenged his superiors to fire him and walked out of the office. Subsequent to being paged, Payne returned to the supervisor's office, again became very defensive and then left, quitting his job.

The claimant's suit in the instant proceedings seeks supplemental earnings benefits. He contends he is entitled to receive SEB payments because of the injury to his thumb.

La.R.S. 23:1221 (1950) (amended 1968, 1975 and 1983) as in effect on December 8, 1983, the date of the claimant's injury, provides *108 the guidelines by which entitlement to supplemental earnings benefits is determined. R.S. 23:1221 provides, in part:

Compensation shall be paid under this Chapter in accordance with the following schedule of payments:
(3) Supplemental earnings benefits.
(a) For injury resulting in the employee's inability to earn wages equal to ninety percent or more of wages at time of injury, supplemental earnings benefits equal to seventy-four percent of the difference between ninety percent of the average monthly wages at time of injury and average monthly wages earned or average monthly wages the employee is able to earn in any month thereafter in any employment or self-employment, whether or not the same or a similar occupation as that in which the employee is customarily engaged when injured and whether or not an occupation for which the employee at the time of the injury was particularly fitted by reason of education, training, and experience, such comparision to be made on a monthly basis. Average monthly wages shall be computed as four and three-tenths times the wages as defined in R.S. 23:1021(10).

The Trial Court concluded that Payne's injury resulted in his inability to earn wages equal to ninety percent or more of the wages he was earning at the time he was injured. The Court awarded him supplemental earnings benefits at the rate of $99.23 per week for 525 weeks commencing July 6, 1985. Payne was additionally awarded legal interest on all past due payments from the date each payment became due and all costs of the trial proceedings.

Country Pride and Travelers suspensively appealed the District Court judgment. The appellants contend that the Trial Judge erred in three respects:

(1) The Trial Court erred in awarding supplemental earnings benefits to Payne because he quit his job for reasons unrelated to his injury and because at the time he quit he was working at the same pay scale, working approximately the same number of hours per week and performing essentially the same duties he performed prior to his injury;
(2) The Trial Court erred in relying on the testimony of the claimant's vocational expert, Richard H. Galloway, Ph.D., because the expert's opinion was based on incorrect, false and incomplete information; and
(3) In the alternative, the Trial Court erred in calculating the amount of weekly SEB payments and the maximum number of weeks in which the claimant is entitled to receive the payments.

The initial issue on appeal is whether supplemental earnings benefits are due a claimant who lacks the physical ability to earn at least ninety percent of the income he was earning prior to his injury, but, who quits working for his previous employer who had rehired him at the same pay scale, provided him with approximately the same number of hours, including overtime, and assigned him to perform essentially the same duties. This issue is complicated by the fact that the claimant's decision to terminate the employment relationship was entirely unrelated to his injury. Although the appellants dispute the extent of Payne's disability, the Trial Court concluded, and the evidence supports the determination, that Payne lacks the physical ability to earn at least ninety percent of his previous wages.

The appellants assume the position that because Payne was assigned to perform the same job, at the same pay scale, for the same number of hours per week, he failed to demonstrate any inability to earn wages equal to ninety percent of his preinjury wages. Country Pride and Travelers place great emphasis on the fact that Payne was not fired, but instead, chose to quit his job for reasons unrelated to his injury.

The appellee submits that, no matter the circumstances of his departure, the injury he sustained has placed him at a severe disadvantage in attempting to obtain employment and earn a living equivalent to his previous standard. The evidence at trial established that, despite Payne's good faith efforts, he has been unable to find employment because of the disabilities *109 which resulted from his injury. The evidence indicates that Payne's attempts to find employment have also been aggravated by the poor condition of the Natchitoches economy.

This issue presents us with an interesting and difficult dilemma.

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Bluebook (online)
525 So. 2d 106, 1988 La. App. LEXIS 751, 1988 WL 16511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-country-pride-foods-ltd-lactapp-1988.