Slocum v. Northlake Driveline

117 So. 3d 171, 2012 La.App. 1 Cir. 1572, 2013 WL 1786449, 2013 La. App. LEXIS 838
CourtLouisiana Court of Appeal
DecidedApril 26, 2013
DocketNo. 2012 CA 1572
StatusPublished
Cited by1 cases

This text of 117 So. 3d 171 (Slocum v. Northlake Driveline) 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
Slocum v. Northlake Driveline, 117 So. 3d 171, 2012 La.App. 1 Cir. 1572, 2013 WL 1786449, 2013 La. App. LEXIS 838 (La. Ct. App. 2013).

Opinion

PETTIGREW, J.

| gCIaimant, Charles Slocum, and one of his employer’s insurers, LEMIC Insurance Company (“LEMIC”), appeal from a judgment of the Office of Workers’ Compensation (“OWC”). For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

At all times pertinent hereto, Mr. Slocum was employed as a machinist and welder at Northlake Driveline, Inc. (“Northlake”), and had been so employed for over 20 years. On April 2, 2001, Mr. Slocum suffered a work-related injury when a forklift blade fell on his right foot, crushing it. Following this injury, Mr. Slocum returned to work in a modified capacity and continued working. At the time of the 2001 injury, Northlake was covered through a policy of workers’ compensation insurance issued by LEMIC. LEMIC paid indemnity and medical benefits to Mr. Slocum arising out of the 2001 injury.

Subsequently, on October 1, 2007, Mr. Slocum experienced an electrocution accident while at work. Mr. Slocum was taken to Slidell Memorial Hospital where he was evaluated by a cardiologist, who deter[174]*174mined there was no damage to Mr. Slocum’s heart. A few days later, Mr. Slocum was seen by his family physician, who released him without restrictions. Despite the fact that Mr. Slocum did not file a claim for workers’ compensation benefits in the immediate aftermath of the electrocution, Northlake and LUBA Casualty Insurance Company (“LUBA”), Northlake’s workers’ compensation insurer at the time, voluntarily gave Mr. Slocum one week of TTD benefits for the week immediately following the incident. Again, Mr. Slocum returned to work at Northlake and worked continuously from the date of his electrocution until November 2009.

On March 31, 2009, Mr. Slocum filed a disputed claim for compensation against Northlake and LUBA, alleging that no wage or medical benefits had been paid, that he had been denied his choice of physician, and that he had not been reimbursed for his prescriptions or mileage. In addition, Mr. Slocum made a request for attorney fees and penalties. In response thereto, Northlake and LUBA filed exceptions raising the objections of no cause and/or right of action and prescription. Following a hearing on the | (¡exceptions, Mr. Slocum was ordered by the OWC to file an amended petition, within the time allotted, alleging a “developmental injury” with specific facts.

On July 1, 2009, Mr. Slocum filed an amended disputed claim for compensation. Mr. Slocum alleged in this amended claim that he “suffered a developmental injury causing temporary disability more than one year but no later than two years from the date of his accident” entitling him to benefits. However, his amended claim was devoid of any specific facts in support of his alleged “developmental injury.” Northlake and LUBA again responded with exceptions raising the objections of no cause and/or no right of action and prescription. In an order rendered on August 14, 2009, the OWC sustained the no cause of action exception, granting Mr. Slocum an additional 10 days to plead specific facts and dates as to the developmental injury. The prescription exception was deferred.

On August 24, 2009, Mr. Slocum filed a second amending claim, alleging that the injuries he sustained on October 1, 2007, aggravated the pre-existing disability to his right foot and ankle and that the October 1, 2007 injuries placed “increased load-bearing tension, stress and overuse” on his left foot and ankle, resulting in surgery to his left foot. Northlake and LUBA filed an answer to Mr. Slocum’s first and second amended claim forms, again reurging the prescription exception. The prescription exception was heard by the OWC on October 8, 2010. In an order dated October 12, 2012, the OWC sustained the prescription exception, offering the following written reasons:

Defendant paid one week of TTD on October 12, 2007 after the work-related accident on October 1, 2007.
Claimant did not file a disputed 1008 until March 30, 2009, which was less than three years after the last indemnity payment was made. Defendant does not urge that the SEB claim has prescribed.
Claimant filed an amended 1008 on June 29, 2009 for a “development injury” and TTD. This was filed within two years of the accident. However, claimant’s contention that claimant was later again disabled due to another condition related to the same accident is rejected.
Claimant’s right to Temporary Total Disability benefits has prescribed.

Mr. Slocum sought supervisory writs with this court from the October 12, 2010 order of the OWC. On December 17, 2010, this court denied the writ application, with the |4following language: “We decline [175]*175to exercise our supervisory jurisdiction. Relator has an adequate remedy on appeal after all matters at issue are resolved. See Smith v. UNR Home Products, 614 So.2d 54, 54-55 (La.1993).” See Slocum v. Northlake Driveline, 2010-2090 (La.App. 1 Cir. 12/17/10) (unpublished writ action).

During discovery conducted in this matter, LUBA determined that Mr. Slocum was receiving medical benefits related to the injuries arising out of the work-related injury in April 2001 at Northlake. Accordingly, LUBA filed a third party demand against LEMIC for indemnification of any amounts LUBA may be cast in judgment for arising out of the October 2007 work-related accident. LEMIC answered the third party demand, admitting that it insured Northlake at the time of the April 2001 incident and further acknowledging that it continued to pay benefits due to Mr. Slocum related to the injuries sustained in that accident. Additionally, LEMIC, as plaintiff in reconvention, sought reimbursement from LUBA for all amounts that LEMIC has paid that are attributable to the October 2007 incident. LEMIC then amended its answer to the third party demand to allege that it last provided workers’ compensation coverage to North-lake on September 2, 2004, and that any claim for indemnity benefits as to LEMIC have prescribed.

The matter proceeded to trial before the OWC on October 13, 2011, and was taken under advisement. Thereafter, on February 15, 2012, the OWC issued judgment dismissing Mr. Slocum’s claim against LUBA with prejudice, finding that Mr. Slocum’s claim against Northlake for indemnity benefits had prescribed and dismissing it with prejudice, dismissing LUBA’s third party demand against LEM-IC for reimbursement with prejudice, and dismissing LEMIC’s reconventional demand against LUBA with prejudice. LEMIC timely filed an application for new trial, which was denied by the OWC. Mr. Slocum and LEMIC have both appealed herein.

In his appeal, Mr. Slocum assigns the following specifications of error:

1. Whether the trial court committed manifest error by misinterpreting LSA-R.S. 23:1209A and holding that the prescriptive period for temporary total disability benefits was triggered by the voluntary and erroneous payment of one week of indemnity benefits for injuries to unrelated parts of claimant’s body and in absence of any disabling medical evidence legally required for entitlement to TTD indemnity benefits when all medical evidence revealed that claimant’s actual disabling condition for | swhich he did make a claim did not manifest itself until months following the date of his 10/01/07 accident.
2.

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Bluebook (online)
117 So. 3d 171, 2012 La.App. 1 Cir. 1572, 2013 WL 1786449, 2013 La. App. LEXIS 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slocum-v-northlake-driveline-lactapp-2013.