Rouly v. Perero Companies

206 So. 3d 1159, 16 La.App. 3 Cir. 385, 2016 La. App. LEXIS 2030
CourtLouisiana Court of Appeal
DecidedNovember 2, 2016
Docket16-385
StatusPublished

This text of 206 So. 3d 1159 (Rouly v. Perero Companies) 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
Rouly v. Perero Companies, 206 So. 3d 1159, 16 La.App. 3 Cir. 385, 2016 La. App. LEXIS 2030 (La. Ct. App. 2016).

Opinion

PETERS, J.

11 The defendants in this workers’ compensation case, Perero Companies, Inc., d/b/a DND Landscaping (Perero), and LUBA Casualty Insurance Company (LUBA), appeal a judgment rendered by the workers’ compensation judge (WCJ), finding the plaintiff, Eugene Rouly, to be totally and permanently disabled, and entitled to indemnity benefits retroactive to May 14, 2013. Mr. Rouly answered the appeal, seeking the reversal of a prior judgment rendered in favor of the defendants on an exception of prescription which terminated the defendants’ obligation to pay his medical expenses. For the following reasons, we affirm the trial court judgment finding Mr. Rouly to be totally and permanently disabled and reinstating his indemnity benefits; reverse the trial court judgment granting the exception of prescription on the medical expenses issue; and remand the matter to the Office of Workers’ Compensation for further proceedings consistent with this opinion.

DISCUSSION OF THE RECORD

On May 14, 2003, Mr. Rouly suffered a work-related accident when a dump truck struck the excavator he was operating for his employer, Perero. Neither Perero nor LUBA dispute the occurrence of the accident, but a 1990 work-related accident involving Mr. Rouly complicated the evaluation of the injuries he sustained in that accident.

In 1990, Mr. Rouly was employed by FMC Corporation (FMC) in South America when a helicopter in which he was a passenger crashed in the Andes Mountains. Mr. Rouly sustained burns to his body and injuries to his chest, neck, lower back, hands and knees. Among the other medical treatment he received for his injuries, he subsequently underwent an anteri- or cervical disk fusion with plating at C4-5 and C5-6, a right carpel tunnel release, and arthroscopic surgeries |aon both knees. At the time of his 2003 accident, he was still suffering from a post-traumatic stress disorder (PTSD)1 and chronic pain syndrome.

The matter now before us is not the first time that workers’ compensation obligations owed to Mr. Rouly were the subject of litigation. On May 1, 2006, the various parties at interest in the 1990 and 2003 accidents entered into a workers’ compensation benefits consent judgment in two consolidated suits,2 which provided the following:

1. EUGENE ROULY, Employee, was in the course and scope of his employment with Perero Company, Inc.[ ] d/b/a DND Landscape, Employer, on May 14, 2003 when he suffered an accidental injury (the subject of Dkt. # 03-04120);
2. As a result of that 2003 work-related injury, Eugene Rouly, Employee, is entitled to workers’ compensation disability benefits and medical benefits, payable by Perero Company, Inc.[ ] d/b/a DND Landscape, Employer.
3. At the time of his 2003 accident, Eugene Rouly was receiving average weekly wages of $621.52, and he is entitled to compensation at the rate of $414.35 per week. As of the date of the parties’ agreement, Perero Company, [1162]*1162Inc.[ ] d/b/a DND Landscape, Employer, had paid all past due and accrued workers’ compensation disability benefits.
4. Eugene Rouly is entitled to continuing medical care for injuries suffered in the 2003 accident. The charges for this treatment, as ordered by Dr. Robert Franklin, are payable by Perero Company, Inc.[ ] d/b/a DND Landscape, Employer.
5. Eugene Rouly has received medical care for the 2003 accident from Drs. Robert Morrow, John Clifford and Robert Franklin. He has had examinations or tests by Dr. James Domingue, and University Medical Center. As of the date of the parties’ agreement, the charges for the medical services from these providers have either been paid or are authorized for payment by Perero Company, Inc.[ ] d/b/a DND Landscape, Employer.
| c.6. Eugene Rouly suffered from Post Traumatic Stress Disorder and Chronic Pain Syndrome caused by his accidental injury while in the course and scope of his employment with FMC Corporation in 1990 (the subject of Dkt. # 05-06282).
7. As a result of that 1990 work-related injury Eugene Rouly is entitled to medical benefits only. Eugene Rouly, Employee, is entitled to continuing medical care for Post Traumatic Stress Disorder and Chronic Pain Syndrome, including pharmacy services, as ordered by Dr. James Blackburn, payable by FMC Corporation, Employer.
8. Eugene Rouly has received medical treatment for the 1990 accident from Dr. James Blackburn. As of the date of the parties’ agreement, the charges for the medical services from this provider have either been paid or are authorized for payment by FMC Corporation, Employer.
The parties expressly reserved for resolution by other proceedings herein the claims of Eugene Rouly for penalties and attorney fees, and the claims and counter-claims by and between Perero Company and FMC Corporation seeking the reimbursement of their payments between the parties. All other issues not agreed to herein remain at issue between the parties. The Court has reviewed the evidence previously submitted, heard the arguments of counsel, and is in accord with the agreements of the parties as stated on the record in open Court on January 25, 2006, therefore:
IT IS ORDERED ADJUDGED AND DECREED THAT Perero Company, Inc.[ ] d/b/a DND Landscape, Employer, is liable to Eugene Rouly, Employee, for workers’ compensation disability benefits at the rate of $414.35 per week and for the costs of his medical treatment for his injuries related to the accident of 2003;
IT IS FURTHER ORDERED ADJUDGED AND DECREED THAT FMC Corporation, Employer, is liable to Eugene Rouly, Employee, for the costs of his medical treatment for Post Traumatic Stress Syndrome and Chronic Pain Syndrome resulting from his injuries of 1990; and
All other claims, defenses and disputes by or between the parties are reserved to them for resolution [in] subsequent proceedings.

After this consent judgment, Perero and LUBA continued paying weekly benefits to Mr, Rouly until May 24, 2013, when they unilaterally stopped all payments. On June 6, 2013, Mr. Rouly filed the matter before us—a disputed claim for workers compensation benefits against Perero and LUBA. In that |4pleading, Mr. Rouly sought reinstatement of his indemnity and medical benefits, as well as penalties, and attorney [1163]*1163fees from Perero and LUBA based on their termination of his indemnity benefits and their refusal to reimburse, his medical-related travel expenses.

In their answer to the filed claim, Pere-ro and LUBA questioned the extent of Mr. Rouly’s disability and asserted that his claim for medical benefits had prescribed. Thereafter, Perero and LUBA filed exceptions of res judicata and prescription, a motion in limine, and/or a motion for summary judgment based on the May 1, 2006 partial judgment.

Following a hearing on the preliminary issues, the WCJ sustained the exception of prescription as to all of Mr. Rouly’s claims for medical benefits, but denied the exception of res judicata and the other motions, This court rejected an application for supervisory writs filed by Perero and LUBA addressing that part of the WCJ’s rulings rendered in Mr. Rouly’s favor. Rouly v. Perero Co., Inc. d/b/a DND Landscape, 15-71 (La.App. 3 Cir. 3/10/15) (unpublished writ).

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Bluebook (online)
206 So. 3d 1159, 16 La.App. 3 Cir. 385, 2016 La. App. LEXIS 2030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rouly-v-perero-companies-lactapp-2016.