Weekly v. LWCC

960 So. 2d 1057, 2007 WL 1299681
CourtLouisiana Court of Appeal
DecidedMay 4, 2007
Docket2006 CA 1249
StatusPublished

This text of 960 So. 2d 1057 (Weekly v. LWCC) 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
Weekly v. LWCC, 960 So. 2d 1057, 2007 WL 1299681 (La. Ct. App. 2007).

Opinion

960 So.2d 1057 (2007)

Joseph D. WEEKLY & Pallet Reefer International, L.L.C.
v.
LWCC (Louisiana Worker's Compensation Corporation).

No. 2006 CA 1249.

Court of Appeal of Louisiana, First Circuit.

May 4, 2007.

*1058 Gregory J. Schwab, Houma, for Plaintiffs-Appellees Joseph D. Weekly and Pallet Reefer International, L.L.C.

Gregory E. Bodin, Deborah E. Lamb, Baton Rouge, for Defendant-Appellant Louisiana Workers' Compensation Corp.

Before: KUHN, GAIDRY, and WELCH, JJ.

WELCH, J.

In this workers' compensation dispute, the defendant, Louisiana Workers' Compensation Corporation ("LWCC"), appeals a judgment rendered in favor of the plaintiffs, Joseph D. Weekly and Pallet Reefer International, L.L.C. ("Pallet Reefer"), Mr. Weekly's former employer. Finding that the workers' compensation judge ("WCJ") manifestly erred in determining that Mr. Weekly had sustained a work-related accident, we reverse the judgment.

I. FACTUAL AND PROCEDURAL HISTORY

On June 4, 2001, Mr. Weekly, a resident of Tennessee, was hired by Pallet Reefer in Houma, Louisiana, as an outside sales representative to sell cold storage units in a multi-state territory. On September 5, 2001, Mr. Weekly began experiencing back and leg pain while on a business trip in Mississippi. At the time, Mr. Weekly did not seek any medical treatment for his condition. LWCC had issued a policy of insurance providing for workers' compensation coverage to Pallet Reefer, which was in effect on September 5, 2001.

Several weeks later, in November 2001, Mr. Weekly went on a business trip to Atlanta, Georgia. One morning during this trip, Mr. Weekly woke up in his hotel room with severe pain in his back and legs that rendered him unable to stand or get out of bed. Mr. Weekly contacted Louis Saia, the sole owner of Pallet Reefer, concerning his back and leg pain and, upon returning home to Tennessee, sought medical treatment for his condition. Mr. Weekly was ultimately diagnosed by Dr. Maurice M. Smith, a neurological surgeon, with degenerative disc disease and a herniated disc at the L5-S1 level.

Mr. Weekly's employment with Pallet Reefer ended on January 31, 2002, and on February 1, 2002, Mr. Weekly commenced working for Employee's Express, Inc. ("Employee's Express"). Employee's Express is also wholly owned by Mr. Saia. Employee's Express was self-insured and did not have a policy of insurance providing for workers' compensation coverage to its employees through LWCC nor were its employees covered under Pallet Reefer's policy of insurance with LWCC.

In June 2002, Pallet Reefer reported the September 5, 2001 incident to LWCC. In July 2002, LWCC sent a letter to Mr. Saia indicating that it would not cover Mr. Weekly's claim for workers' compensation benefits on the basis that Mr. Weekly was not a Louisiana resident, and therefore, was not eligible for workers' compensation benefits under Louisiana law. Thereafter, in October 2002, LWCC retracted its previous position and instead, denied Mr. Weekly's claim on the basis that his condition was not caused by a work-related "accident" as defined in the Louisiana Workers' Compensation Act (La. R.S. 23:1021).

In December 2002, Dr. Smith performed a right-sided L5-S1 hemilaminotomy, medial facetectomy, and diskectomy through a *1059 tubular retractor on Mr. Weekly. Employee's Express, which has a self-insured health plan, paid all of Mr. Weekly's medical expenses associated with his back condition and it also paid wages to Mr. Weekly during the time he was not working due to medical appointments and the surgical procedure.[1]

On December 13, 2002, Mr. Weekly, with the help of Mr. Saia, filed a disputed claim for compensation with the Office of Workers' Compensation alleging that "[o]n September 5, 2001, [he] injured [his] back driving in Mississippi" and described the accident as his "[b]ack began hurting while getting in and out of car on sales trip in Mississippi." LWCC answered the claim asserting that there was no accident or occupational injury on September 5, 2001, and that Mr. Weekly's back condition could not be considered an occupational disease. LWCC further contended that if an accident had occurred on September 5, 2001, the disputed claim for compensation was filed more than a year after the alleged accident, and therefore, the claim was prescribed. Pallet Reefer intervened in the suit, alleging that it had paid "compensation" and "medical bills" to Mr. Weekly as a result of his claimed injuries, and therefore, was subrogated to the rights of Mr. Weekly against LWCC to the extent of those payments. At trial, Mr. Saia, on behalf of Pallet Reefer and Employee's Express, waived any conflict of interest, and stated that he was seeking to recover only from LWCC—not from Mr. Weekly.

After a trial on the merits, the WCJ found that Mr. Weekly had sustained his burden of proving that a work-related accident occurred on September 5, 2001, which caused a back injury; that although Mr. Weekly's disputed claim for compensation was prescribed on its face, Mr. Saia's actions (through Employee's Express) in paying Mr. Weekly's wages (in lieu of workers' compensation) and medical expenses, as well as the inaction and tardiness of LWCC, "lulled" Mr. Weekly into a false sense of security which caused him to delay filing his workers' compensation claim until December 2002, and therefore, the one-year prescriptive period was interrupted and Mr. Weekly's claim was timely filed; that LWCC had no reasonable basis for denying or discontinuing the payment of medical benefits, and therefore, awarded Mr. Weekly a penalty of $2,000 and attorney fees in the amount of $15,000. A written judgment in conformity with the WCJ's rulings was signed on March 9, 2006,[2] and this judgment further awarded reimbursement to Pallet Reefer for medical expenses paid to Mr. Weekly in the amount of $27,482.68 and reimbursement to Pallet Reefer for wages it paid to Mr. Weekly in the amount of $3,422.80,[3] and assessed costs against LWCC. It is from this judgment that LWCC has appealed.

II. ASSIGNMENTS OF ERROR

On appeal, LWCC asserts that: (1) the WCJ erred in finding that Mr. Weekly sustained a compensable, work-related "accident," as that term is defined in La. R.S. *1060 23:1021, and in particular, erred in finding that Mr. Weekly injured himself while unloading his vehicle on September 5, 2001; (2) the WCJ erred in finding that the actions and inactions of Pallet Reefer and LWCC interrupted prescription; (3) the WCJ erred in finding that Pallet Reefer was entitled to be reimbursed by LWCC for medical expenses incurred by Mr. Weekly in the amount of $27,482.68; (4) the WCJ erred in finding that Pallet Reefer was entitled to be reimbursed by LWCC for wages paid to Mr. Weekly in the amount of $3,422.80; (5) the WCJ erred in awarding Pallet Reefer and Mr. Weekly the sum of $2,000 in penalties and $15,000 in attorney fees; and (6) the WCJ abused its discretion in assessing costs against LWCC.

III. STANDARD OF REVIEW

In a workers' compensation case, whether a claimant has carried his burden of proof is a question of fact to be determined by the WCJ. Authement v. Wal-Mart, 2002-2434, p. 6 (La.App. 1st Cir.9/26/03), 857 So.2d 564, 570. Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of review. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
960 So. 2d 1057, 2007 WL 1299681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weekly-v-lwcc-lactapp-2007.