Touchette v. State Farm Insurance Co.

490 So. 2d 1180, 1986 La. App. LEXIS 7293
CourtLouisiana Court of Appeal
DecidedJune 25, 1986
DocketNo. 85-838
StatusPublished
Cited by3 cases

This text of 490 So. 2d 1180 (Touchette v. State Farm Insurance Co.) 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
Touchette v. State Farm Insurance Co., 490 So. 2d 1180, 1986 La. App. LEXIS 7293 (La. Ct. App. 1986).

Opinion

KING, Judge.

Nola Touchette (hereinafter referred to. as plaintiff) filed this suit seeking payment of worker’s compensation benefits, medical expenses, other related incidental expenses, legal interest, and penalties and attorney’s fees.

In her petition, filed on August 29, 1984, plaintiff sued Michael Daigle, M.D. (hereinafter referred to as defendant) and State Farm Insurance Company (hereinafter referred to as State Farm), his worker’s compensation insurer. She alleged that on October 3, 1983, while in the course and scope of her employment for defendant, she received injuries to her right knee and back after falling from the steps of defendant’s house trailer and, as a result thereof, she claimed that she was totally and permanently disabled from returning to any type of gainful employment.

Plaintiff further claimed that she had received no worker’s compensation benefits since the date of the alleged accident and that the failure to pay benefits constitutes arbitrary and capricious action on the part of defendant and State Farm, which subjects them to penalties and attorney's fees as provided by the worker’s compensation law.

Defendant and State Farm filed an Answer to plaintiff’s petition contending that plaintiff did not sustain a compensable injury as a result of the alleged work-related accident occurring on October 3, 1983 and, in the alternative, that plaintiff was employed as a domestic worker at the time of her alleged accident, and was therefore specifically excluded from coverage of the Louisiana Worker’s Compensation Law under the provisions of LSA-R.S. 23:1035(B).1

Defendant and State Farm further denied that their action in disputing plaintiff’s claim was without probable cause or was arbitrary or capricious.

Plaintiff then filed a First Amending and Supplemental Petition alleging that she was employed by defendant as a clerical employee at the time of her alleged accident on October 3, 1983. Defendant and State Farm denied the allegations of plaintiff’s First Amending and Supplemental Petition.

Trial on the merits was held on January 11, 1985 and oral reasons were rendered after the close of trial with the trial court finding that plaintiff was in fact an office employee of defendant at the time of her alleged accident. The trial court ordered the parties to submit post-trial briefs on the issue of whether plaintiff had sustained a compensable injury as a result of her alleged work-related accident. On February 15, 1985, the trial court rendered written reasons for judgment noting that plaintiff failed to file a post-trial memorandum and, therefore, this failure constituted an acknowledgement by her that she was not entitled to compensation. Plaintiff timely [1182]*1182filed an Application for New Trial. On April 23, 1985, the trial court rendered written reasons stating that, although plaintiff did in fact file a post-trial memorandum, the trial court denied her Application for New Trial since plaintiff failed to prove any disability or medical expenses or loss of income which were attributable to her injury allegedly sustained on October 3, 1983.

Plaintiff now appeals devolutively alleging as assignments of error that the trial court erred in:

(1) Finding that plaintiff was not totally and permanently disabled as a result of her accident of October 3, 1983 and in not determining her rate of compensation;2
(2) Finding that plaintiff failed to prove that accident related medical expenses were incurred by her;
(3) Finding that plaintiff failed to prove any loss of income and lost time from work; and
(4) Failing to find that defendant’s failure to pay worker’s compensation benefits was arbitrary and capricious, thus entitling plaintiff to penalties and attorney’s fees.

Defendant and State Farm answered the appeal, requesting that this Court affirm the trial court’s ruling that plaintiff was not involved in an accident which resulted in a compensable injury under the Louisiana Worker’s Compensation Law. In the alternative, in the event that this Court modifies the trial court’s judgment in any manner so as to find them liable to plaintiff, then defendant and State Farm request that we reverse the trial court’s findings of fact that plaintiff was not a domestic employee at the time of her alleged accident and, therefore, find that plaintiff is excluded from recovering worker’s compensation benefits and/or medical expenses. Defendant and State Farm also request that plaintiff be cast for all costs of this appeal. We affirm.

FACTS

The evidence in the record reveals the following facts. Plaintiff was originally employed by defendant in 1981 to work as a sitter/housekeeper at defendant’s home. Plaintiff’s duties as a sitter/housekeeper were to assist in the raising of defendant’s two minor children, as well as to do general housekeeping duties. Although plaintiff owned her own house, she lived at defendant’s residence from Monday morning through Thursday evening. She would normally arrive at defendant’s residence early Monday morning. This routine was carried out by plaintiff up until the day of the accident and, in fact, thereafter until she was terminated from defendant’s employment on November 15, 1985.

In July, 1983, defendant’s wife returned to live in the household. At that time, plaintiff began working at defendant’s office. Plaintiff’s principal duties, as a receptionist at defendant’s office, were to answer the telephone and confirm appointments with patients who were scheduled to see defendant. Plaintiff worked at defendant’s office from 10:00 A.M. to approximately 1:30 to 2:00 P.M., Monday through Friday. Plaintiff also continued to help defendant and his wife care for the needs of their children, even after she began working in defendant’s medical office, as a part of her employment. Prior to beginning work at defendant’s office, plaintiff was paid out of defendant’s personal funds; after starting work at defendant’s office, plaintiff was paid solely from the checking account for defendant’s office.

Plaintiff testified that on Monday, October 3, 1983 she arrived at defendant’s residence early that morning. After helping send the children off to school, plaintiff proceeded to go to her car to retrieve her clothes which she normally brought with her on Monday to wear for the week. Plaintiff testified that when she was traversing the stairs leading from the house [1183]*1183trailer to the yard, she slipped and fell down the stairs hurting her knee and back. Plaintiff also testified that it was her intention to retrieve her clothes which she intended to wear for the week, put them in the house trailer, and then to straighten up the house trailer before going to work at defendant’s office.

Plaintiff did not miss any work at defendant’s office or at his residence as a result of the alleged accident. Plaintiff did miss approximately one week of work due to an episode of high blood pressure which caused plaintiff to black out. Plaintiff did not complain to any of her co-employees or to defendant concerning any pain she may have suffered as a result of the accident on October 3, 1983 or that she could not perform her duties because of the alleged injuries she sustained in that accident.

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Related

Green v. American Motorists Insurance Co.
539 So. 2d 682 (Louisiana Court of Appeal, 1989)
Allen v. Allen
539 So. 2d 820 (Louisiana Court of Appeal, 1989)
Touchette v. State Farm Insurance Co.
494 So. 2d 1181 (Supreme Court of Louisiana, 1986)

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Bluebook (online)
490 So. 2d 1180, 1986 La. App. LEXIS 7293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/touchette-v-state-farm-insurance-co-lactapp-1986.