Richard v. State

239 So. 3d 840
CourtLouisiana Court of Appeal
DecidedNovember 30, 2016
Docket16–227 consolidated with 16–228
StatusPublished

This text of 239 So. 3d 840 (Richard v. State) 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
Richard v. State, 239 So. 3d 840 (La. Ct. App. 2016).

Opinion

GREMILLION, Judge.

The State of Louisiana through the Office of Risk Management and the Department of Transportation and Development (the State) appeals the judgment of the Office of Workers' Compensation that nullified a previous judgment, which was the subject of our opinion in State v. Richard , 12-1247 (La.App. 3 Cir. 3/20/13), 112 So.3d 936, rev'd , 13-890 (La. 10/15/13), 125 So.3d 398. For the reasons that follow, we amend the judgment, affirm in part, as amended, reverse in part, and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Mr. Patrick Richard was injured in the course and scope of his employment with the Department of Transportation and Development (DOTD) on September 20, 2005. The State paid Mr. Richard temporary total disability benefits (TTD), but he remitted these checks to the State, opting instead to receive his regular salary by utilizing his accrued vacation and sick leave time. Mr. Richard retired from the State on April 20, 2007, and began to keep his TTD checks. In 2011, the State filed a Disputed Claim for Compensation in which it asserted that it was entitled to an offset of Mr. Richard's TTD benefits against the disability retirement benefits it asserted were being paid to him pursuant to *842La.R.S. 23:1225(C)(1).1 Mr. Richard asserted that a conversation between himself and a DOTD employee constituted an agreement that his disability retirement benefits would not offset his TTD benefits, and in the alternative, that this conversation and assurance estopped the State from arguing its entitlement to an offset. In 2012, the Workers' Compensation Judge (WCJ) ruled in the State's favor and ordered an offset of $224.05 per week from April 21, 2007, until Mr. Richard reached the age of 60 on July 22, 2013, when his retirement was to be converted to regular retirement.2

This court reversed the WCJ and ruled that the State was estopped from claiming an offset because of the assurances by the DOTD employee that his TTD benefits had no effect on his retirement benefits. State v. Richard , 112 So.3d 936.

The Louisiana Supreme Court reversed and reinstated the offset. State v. Richard , 13-890 (La. 10/15/13), 125 So.3d 398. The supreme court held that, for estoppel to apply, Mr. Richard was required to prove his reliance to his detriment upon the assurances of the DOTD employee and that it was reasonable for him to do so. It held that he failed to prove these elements. Any agreement asserted by Mr. Richard between himself and the State must be clear and unambiguous, and Mr. Richard failed to prove such an agreement.

On August 14, 2014, Mr. Richard filed a "Motion and Order to Nullify Judgment" in which he alleged that after he reached age 60, he contacted the State to ascertain when his retirement was to be converted from disability to service retirement. According to the motion, Mr. Richard was told that he had been converted to service retirement as of July 22, 2008. The motion argued that the State obtained the 2012 judgment through fraud or ill practices, and that it should be nullified. The State opposed the motion by arguing that only a petition could be filed to nullify a judgment. Thereafter, Mr. Richard filed a Disputed Claim for Compensation and a "Petition to Nullify Judgment," again asserting that the original offset judgment had been obtained through false representations pursuant to La.R.S. 23:1208 and through fraud or ill practices. The State reinstated Mr. Richard's weekly indemnity benefits on September 19, 2014.

The State then filed a "Petition to Modify Judgment" in which it acknowledged that it was only entitled to an offset from April 27, 2007 through July 7, 2008, when it claimed Mr. Richard's retirement was converted from disability to service. The State moved to consolidate the two matters, which were tried on stipulations and exhibits. The WCJ entered oral reasons for judgment into the record in which the State was found to have obtained the 2012 judgment through ill practices. The WCJ then signed a judgment annulling the 2012 judgment. That judgment provided that the State was entitled to an offset of $224.05 per week from April 21, 2007 through July 21, 2008 and was entitled to no offset thereafter. Mr. Richard was *843awarded $13,000.00 in attorney fees. In the alternative, the WCJ granted the State's request to modify the judgment, again finding that it was only entitled to an offset from April 21, 2007 through July 21, 2008.

After this judgment was signed, the State filed a motion for new trial in which it asserted that the judgment was imprecise and indefinite because it failed to pronounce the dollar amount awarded to Mr. Richard. This motion was denied, and the State perfected this appeal. Mr. Richard answered the appeal and asserted one assignment of error regarding the amount of attorney fees awarded, and requested additional attorney fees.

ASSIGNMENTS OF ERROR

The State assigns the following as error:

I. The workers' compensation judge erred as a matter of law in granting the claimant's petition for nullification of the original May 1, 2012 judgment, and in the alternative, granting the State's petition for modification of that same judgment, rendering the September 15, 2015 judgment imprecise, indefinite, and uncertain.
II. The workers' compensation judge erred as a matter of law in granting the claimant's petition for nullification of the original May 1, 2012 judgment, and in the alternative, granting the State's petition for modification of that same judgment, rendering the September 15, 2015 judgment imprecise, indefinite, and uncertain.
III. The workers' compensation judge erred in failing to award attorney fees to defendant's counsel.
IV. The workers' compensation judge committed manifest error in awarding attorney fees to claimant's counsel as there is no credible evidence to support an award of $13,000.00.
V. The workers' compensation judge erred in ordering the State to pay costs.
VI. The workers' compensation judge erred as a matter of law in failing to determine the sum certain alleged to be owed the claimant by the State.
VII. The workers' compensation judge committed manifest error in denying the State's motion for a new trial

Mr. Richard did not assert an assignment of error in his brief, but does argue that if the State does not prevail in its appeal, he should be awarded additional attorney fees for work done by his counsel on appeal.

ANALYSIS

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
239 So. 3d 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-v-state-lactapp-2016.