Rock-Faucheux v. City of New Orleans

682 So. 2d 257, 96 La.App. 4 Cir. 0355, 1996 La. App. LEXIS 1931, 1996 WL 506701
CourtLouisiana Court of Appeal
DecidedSeptember 4, 1996
DocketNo. 96-CA-0355
StatusPublished

This text of 682 So. 2d 257 (Rock-Faucheux v. City of New Orleans) 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
Rock-Faucheux v. City of New Orleans, 682 So. 2d 257, 96 La.App. 4 Cir. 0355, 1996 La. App. LEXIS 1931, 1996 WL 506701 (La. Ct. App. 1996).

Opinion

JiCIACCIO, Judge.

Plaintiff, Anita Roek-Faucheux, appeals from a trial court judgment in favor of defendant, the City of New Orleans, maintaining its exception of prescription and dismissing plaintiffs worker’s compensation claim.

Plaintiff was employed as a police officer with the New Orleans Police Department when she was injured while in the course and scope of her employment on March 8, 1983. The City voluntarily paid her worker’s compensation disability benefits from March 1983, until November 30,1991, when it terminated the benefits pursuant to LSA-R.S. 23:1221(3). The City continues to pay plaintiffs medical expenses related to her injury.

On November 2,1992, plaintiff filed a claim with the Office of Workers’ Compensation (OWC), seeking additional benefits. On November 16, 1992, the OWC sent a letter to plaintiffs counsel stating:

“Take notice: This is to inform you of receipt of your Claim Form WC-1008/Petition and that citations have been mailed by certified mail to the other parties on 11/16/92.”

On November 18, 1992, the OWC mailed a letter titled “Notice of Conference” advising the parties that a mediation conference would be held on December 1,1992.

The City filed an exception of lack of subject matter jurisdiction arguing that the OWC did not have jurisdiction over this matter because plaintiff was injured prior to July 1, 1983. The hearing officer dismissed plaintiffs claim, citing Acts 1989, No. 260, Sec. 1, which provides that all matters involving ^accidents occurring before July 1, 1983, shall be treated as any other civil matter, i.e., handled in the district court. Plaintiff appealed, seeking review of the hearing officer’s decision. On September 15, 1995, in proceeding No. 94-CA-2613, we reversed the decision of the hearing officer and held that the OWC had jurisdiction over the claim. The City then sought a writ of certiorari from the Supreme Court. The Supreme Court, in a per curiam opinion rendered on January 12, 1996, held that we erred in reversing the hearing officer’s granting of the exception of lack of subject matter jurisdiction.

In the meantime and prior to the dismissal of plaintiffs claim by the OWC, plaintiff filed suit in Civil District for the Parish of Orleans on June 25, 1993, seeking reinstatement of her worker’s compensation benefits. The City filed an exception of prescription, arguing that plaintiffs claim filed with the OWC was filed in a court of incompetent jurisdiction and was not served within one (1) year of the termination of indemnity benefits, and therefore was prescribed. After the trial court denied the exception, the City applied for a writ to our court seeking review of the judgment, which we denied.

[259]*259In April 1995, the City reargued its exception of prescription. On August 31,1995, the trial court rendered judgment granting the City’s exception of prescription and dismissed plaintiffs claim. In maintaining the City’s exception of prescription, the trial judge relied on LSA-R.S. 23:1209, as it existed at the time of the accident,1 and found that because plaintiffs petition |8was filed in the district court on June 25,1993, more than a year after plaintiffs last worker’s compensation disability payment, her claim had prescribed on the face of the petition. Relying on LSA-C. C. art. 3462,2 the trial judge also found that because the Supreme Court had previously ruled in this ease that the OWC was not a court competent jurisdiction for subject matter purposes, plaintiff had failed to prove that the filing of her claim with the OWC had interrupted prescription where service was not made on the City until December 7, 1992, more than one year after prescription had begun to run.

On appeal, plaintiff argues that the trial court’s maintaining the City’s exception of prescription in this ease is grossly inequitable and contrary to the liberal interpretation usually afforded the workers’ compensation law by the courts of this state. Plaintiff emphasizes that her claim was filed in the OWC more than four weeks before the prescriptive period had run and that, but for the Supreme Court’s holding that the OWC was not a competent court for subject matter jurisdictional purposes under Act No. 260 of 1989 in this particular instance, her claim would not have prescribed. She also argues that where the City had paid her worker’s compensation disability benefits for eight years, continues to pay her medical expenses related to her injuries and was |4well aware that she had filed a claim for additional benefits before it made the final payment on December 2, 1991, the purposes of the laws of prescription and the interruption thereof had been served and therefore the exception of prescription should have been denied.

In support of her argument, plaintiff relies on the ease of Maquar v. Transit Management of Southeast Louisiana, Inc., 593 So.2d 365 (La.1992). In Maquar, the plaintiff was injured in the course and scope of his employment in October 1985. He received worker’s compensation benefits for temporary total disability until February 1987, when he returned to work. Plaintiffs employer terminated him on March 8,1988, and he subsequently filed a claim with the OWCA on January 25, 1989, for worker’s compensation benefits and penalties. On March 7, 1989, OWCA issued a certificate informing the parties that one of the parties had rejected its recommendation on March 3,1989, and advising that suit had to be filed within 60 days.

Marquar filed suit in district court within the 60-day limitation on March 30, 1989, for temporary total disability benefits, supplemental earnings benefits, attorney’s fees and penalties for his alleged retaliatory discharge. The employer filed an exception of prescription to plaintiffs claim for disability benefits, and also to his claim for retaliatory discharge on the basis that Marquar had filed suit in the district court more than one year from his termination from employment.

The district court sustained the exception of prescription and dismissed Marquar’s claims for disability benefits and retaliatory discharge penalties. On appeal, we affirmed the judgment sustaining the exception of prescription as to the retaliatory discharge [260]*260claim, finding that prescription could not be interrupted on a claim for retaliatory discharge by its being filed with OWCA since that | sclaim was not a worker’s compensation proceeding for purposes of a jury trial and prescription could only be interrupted by filing that claim in the district court, a court of competent jurisdiction. Marquar appealed for certiorari to the Supreme Court.

[259]*259Prescription is interrupted when the owner commences action against the possessor, or when the obligee commences action against the obligor, in a court of competent jurisdiction and venue. If an action is commenced in an incompetent court, or in an improper venue, prescription is interrupted only as to a defendant served by process within the prescriptive period.

[260]*260The Supreme Court considered whether, under LSA-C.C. art. 3462, the filing of the claim with OWCA interrupted prescription on the delictual action for retaliatory discharge penalties. The Court found that clearly OWCA was not a court, either competent or incompetent, and that at the time the claim was filed in 1989, OWCA had no binding adjudicatory powers.

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

Related

Maquar v. Transit Management
593 So. 2d 365 (Supreme Court of Louisiana, 1992)
Parker v. Southern American Ins. Co.
590 So. 2d 55 (Supreme Court of Louisiana, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
682 So. 2d 257, 96 La.App. 4 Cir. 0355, 1996 La. App. LEXIS 1931, 1996 WL 506701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rock-faucheux-v-city-of-new-orleans-lactapp-1996.