Ring v. Decor Gravure Corp.

768 So. 2d 116, 99 La.App. 3 Cir. 1965, 2000 La. App. LEXIS 1493, 2000 WL 745397
CourtLouisiana Court of Appeal
DecidedJune 7, 2000
Docket99-1965
StatusPublished
Cited by4 cases

This text of 768 So. 2d 116 (Ring v. Decor Gravure Corp.) 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
Ring v. Decor Gravure Corp., 768 So. 2d 116, 99 La.App. 3 Cir. 1965, 2000 La. App. LEXIS 1493, 2000 WL 745397 (La. Ct. App. 2000).

Opinion

768 So.2d 116 (2000)

Robert RING
v.
DECOR GRAVURE CORP.

No. 99-1965.

Court of Appeal of Louisiana, Third Circuit.

June 7, 2000.
Writ Denied October 6, 2000.

*117 Joseph Bailey, Provosty, Sadler & Delaunay, Alexandria, Louisiana, Counsel for Plaintiff/Appellee.

James J. Hautot, Judice and Adley, Lafayette, Louisiana, Counsel for Defendant/Appellant, Decor Gravure Corp.

Terry Aubin, Wilbert Saucier, Pineville, Louisiana, Counsel for Defendant/Appellant, Roger Bradford.

(Court composed of Judge JIMMIE C. PETERS, Judge GLENN B. GREMILLION, Judge ELIZABETH A. PICKETT).

GREMILLION, Judge.

The defendant, Decor Gravure, appeals the workers' compensation judge's determination that it was the statutory employer of the plaintiff, Robert Ring, at the time he sustained a work-related injury, and that he is entitled to workers' compensation benefits. For the following reasons, we affirm in part, render in part, and remand for further proceedings.

FACTS

This matter began with the manufacture of defective wall board by Decor. Decor manufactures wall board for use in manufactured housing and recreational vehicles. A particular lot of defective wall board was incorporated into mobile homes manufactured by Skyline Corporation, who in turn sold the homes to dealers, including Castle Mobile Homes. Due to the number of homes containing the defective wall board, Skyline contacted Decor and reported that it would be unable to complete all repairs *118 in a timely manner. As a result, and in an effort to appease a good client, Decor decided to hire outside help to assist Skyline with this task.

Decor obtained the name of Ray Archibald, who, along with Roger Bradford, operated a business known as SWAT.[1] Archibald operated out of Tennessee, while Bradford ran an office in Pineville, Louisiana. Wayne Moore, an officer of Decor, contacted Archibald about the proposed work and an agreement was reached whereby SWAT would send a crew of workers to Wisconsin to assist Skyline with the repairs. It was further agreed that SWAT would receive payment once the repairs were completed and a signed release was obtained from the homeowner. Archibald then contacted Bradford and arranged for Ring to travel to Wisconsin to effect the repairs. While in Wisconsin, Ring alleged that he injured his back moving furniture in the mobile home in which he was working.

Ring initially filed a workers' compensation claim and obtained a default judgment against Bradford d/b/a SWAT (Hometown Roofing). Bradford appealed, but we dismissed his appeal from this matter as being untimely. Ring v. Bradford, 97-1527 (La.App. 3 Cir. 1/15/98); 704 So.2d 989. Thereafter, Ring filed another claim against Bradford, as well as claims naming Decor, Skyline, Castle Homes, and Archibald d/b/a SWAT as additional defendants.[2] Both Castle Homes and Skyline were later dismissed from the suit via motions to dismiss and for summary judgment, respectively. In an amended answer, Decor raised a La.R.S. 23:1208 defense, alleging that Ring forfeited his right to workers' compensation benefits by making false statements. Additionally, Decor filed a cross-claim against Bradford, alleging that, if it was found to be Ring's statutory employer, it was entitled to indemnity from Bradford. The matter proceeded to trial against the remaining defendants, Bradford and Decor. Following a hearing, the workers' compensation judge held that Decor was Ring's employer via the two contract theory and that Ring suffered a work-related injury, thus, entitling him to workers' compensation benefits and medical expenses. The workers' compensation judge denied Ring's request for penalties and attorney's fees and further recognized the prior judgment against Bradford. This appeal by Decor followed.

ISSUES

Decor raises five assignments of error on appeal:

1) The workers' compensation judge erred in finding it Ring's statutory employer.
2) The workers' compensation judge erred in failing to address its La.R.S. 23:1208 defense.
3) The workers' compensation judge erred in finding that Ring carried his burden of proof on the causal connection between his alleged accident and health problems.
4) Alternatively, the workers' compensation judge failed to specify the dates Ring is entitled to temporary total disability benefits and supplemental earnings benefits, and which medical expenses are related to the alleged accident.
5) Alternatively, the workers' compensation judge failed to render judgment on its cross claim against Bradford.

STANDARD OF REVIEW

The standard of review in workers' compensation cases is well settled. A workers' compensation judge's findings of *119 fact are subject to the manifest error— clearly wrong standard of review. Rosell v. ESCO, 549 So.2d 840 (La.1989). Accordingly, those findings of fact will not be set aside by a reviewing court unless they are found to be clearly wrong in light of the record reviewed in its entirety. Alexander v. Pellerin Marble & Granite, 93-1698 (La.1/14/94); 630 So.2d 706.

STATUTORY EMPLOYER

In its first assignment of error, Decor argues that the workers' compensation judge erred in finding that it was Ring's statutory employer because it never contracted with Skyline to replace the wall boards in any of the mobile homes containing defective material. We disagree.

The two-contract defense to tort immunity arises from reading La.R.S. 23:1061 in conjunction with La.R.S. 23:1032. Since Section 1061 determines tort immunity, it follows that it also determines who is responsible for the payment of compensation benefits. At the time of Ring's accident, Section 1061(A) (emphasis added) provided, in pertinent part:

When any person, in this Section referred to as the "principal", undertakes to execute any work, which is a part of his trade, business, or occupation or which he had contracted to perform, and contracts with any person, in this Section referred to as the "contractor", for the execution by or under the contractor of the whole or any part of the work undertaken by the principal, the principal shall be liable to pay to any employee employed in the execution of the work or to his dependent, any compensation under this Chapter which he would have been liable to pay if the employee had been immediately employed by him....

Section 1032 (emphasis added) further provides, in pertinent part:

A. (1)(a) Except for intentional acts provided for in Subsection B, the rights and remedies herein granted to an employee or his dependent on account of an injury, or compensable sickness or disease for which he is entitled to compensation under this Chapter, shall be exclusive of all other rights, remedies, and claims for damages, including but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future, expressly establishing same as available to such employee, his personal representatives, dependents, or relations, as against his employer, or any principal or any officer, director, stockholder, partner, or employee of such employer or principal, for said injury, or compensable sickness or disease.

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Bluebook (online)
768 So. 2d 116, 99 La.App. 3 Cir. 1965, 2000 La. App. LEXIS 1493, 2000 WL 745397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ring-v-decor-gravure-corp-lactapp-2000.