Winkler v. Wadleigh Offshore, Inc.

817 So. 2d 313, 2001 La.App. 4 Cir. 1833, 2002 La. App. LEXIS 1530, 2002 WL 1009929
CourtLouisiana Court of Appeal
DecidedApril 24, 2002
Docket2001-CA-1833
StatusPublished
Cited by28 cases

This text of 817 So. 2d 313 (Winkler v. Wadleigh Offshore, Inc.) 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
Winkler v. Wadleigh Offshore, Inc., 817 So. 2d 313, 2001 La.App. 4 Cir. 1833, 2002 La. App. LEXIS 1530, 2002 WL 1009929 (La. Ct. App. 2002).

Opinion

817 So.2d 313 (2002)

Marc J. WINKLER
v.
WADLEIGH OFFSHORE, INC.

No. 2001-CA-1833.

Court of Appeal of Louisiana, Fourth Circuit.

April 24, 2002.

*315 Ernest J. Bauer, Jr., Joseph F. LaHatte, Jr., Roderick Alvendia, Law Offices of Joseph F. LaHatte, Jr., New Orleans, LA, for Plaintiff/Appellee.

S. Daniel Meeks, John B. Esnard, III, Reich, Meeks & Treadaway, L.L.C., Metairie, LA, for Defendant/Appellant.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge TERRI F. LOVE, Judge MAX N. TOBIAS, Jr.).

TOBIAS, Judge.

The defendant, Wadleigh Offshore, Inc. ("Wadleigh"), appeals the judgment of the Office of Workers' Compensation ("OWC") in favor of the plaintiff, Mark Winkler, awarding him temporary total disability benefits from 5 July 1998 through 19 October 1998. For the following reasons, we reverse the judgment.

Mr. Winkler was employed by Wadleigh as a crane mechanic and, in March 1998, was asked to go to Doha, Qatar, to perform third-party inspections of cranes for Noble International ("Noble"). Wadleigh and Noble had entered a contract whereby a Wadleigh employee would perform annual or quarterly inspections of Noble's cranes in Qatar. While in Qatar, the plaintiff received his work orders directly from James Shetter and William Yester, Noble's administrative and financial officer and drilling superintendent, respectively. Noble furnished Mr. Winkler with room, board, and transportation. Mr. Winkler performed most of his duties offshore, where he worked twelve-hour days on the cranes. While on shore, he inspected repaired crane components at a service facility in Doha.

On 3 July 1998, Mr. Winkler learned from Mr. Shetter that Randy Porterfield, area manager for Reed Tool Company, was hosting a Fourth of July party the next day.[1] Neither Noble nor Wadleigh contributed anything towards the cost of the party. Mr. Winkler arrived at the party at approximately 4:00 p. m. and left the party between 2:30 a. m. and 3:00 a. m. on 5 July 1998. It is undisputed that Mr. Winkler consumed a number of alcoholic beverages while at the party, although the he contends that he was not impaired when he left Mr. Porterfield's residence. On the way back to his hotel, Mr. Winkler was involved in a single-car accident in which he was injured.[2]

Wadleigh refused to pay workers' compensation benefits on the basis that Mr. Winkler did not sustain a compensable injury during the course and scope of his *316 employment. In addition, it alleged that Mr. Winkler had forfeited any right to benefits because he was intoxicated at the time of the accident. Mr. Winkler filed a disputed claim for compensation, which was litigated on 8 September 1999.

After considering the evidence, the OWC judge rendered a judgment in favor of the claimant on 8 October 1999, awarding him temporary total disability benefits and medical benefits, and issued written reasons on 21 October 1999. Wadleigh timely appealed from the judgment. However, the judgment was not final because it did not adjudicate the duration of temporary total disability benefits. Thus, the appeal was dismissed without prejudice and the judgment of 8 October 1999 was vacated.[3]

On 6 June 2001, the OWC judge rendered judgment, holding that Mr. Winkler was entitled to temporary total disability benefits from 5 July 1998 through 19 October 1998. The OWC did not issue new reasons for judgment.

In the earlier reasons for judgment, the judge briefly reviewed the testimony and found that Mr. Winkler was in the course and scope of his employment with Wadleigh and Noble on 4 July 1998, and that intoxication was not proven by the defendant. The judge also found that the defendant had been arbitrary and capricious in its refusal to pay benefits and awarded Mr. Winkler penalties in the amount of $2,000.00 and attorney fees in the amount of $3,000.00.

In its appeal, Wadleigh assigns three errors. First, it contends that the OWC judge erred in finding that Mr. Winkler was in the course and scope of his employment at the time of the accident. Second, it argues that the judge erred in finding that Wadleigh did not prove the defense of intoxication. Finally, Wadleigh contends that the plaintiff did not prove by clear and convincing evidence that he was temporarily totally disabled as a result of the accident.

The determination of the course and scope issue is a mixed question of law and fact. Wright v. Skate Country, Inc., 98-0217 (La.App. 4 Cir. 5/12/99), 734 So.2d 874. It is well-settled that a court of appeal may not set aside a trial court's findings of fact in the absence of "manifest error" or unless they are "clearly wrong." Rosell v. ESCO, 549 So.2d 840, 844 (La. 1989).[4] On the other hand, appellate review of a question of law is simply a decision as to whether the trial court's decision is legally correct or incorrect. Miller v. Southern Baptist Hosp., XXXX-XXXX (La. App. 4 Cir. 11/21/01), 806 So.2d 10. If the trial court's decision is based on its erroneous application of law, rather than on the valid exercise of discretion, its decision is not entitled to deference by the reviewing court. Kem Search, Inc. v. Sheffield, 434 So.2d 1067 (La.1983). When an appellate court finds that a reversible error of law is made in the lower court, it must redetermine the facts de novo from the entire record and render a judgment on the merits. Lasha v. Olin Corp., 625 So.2d 1002 (La.1993).

We find that the OWC judge committed an error of law by incorrectly considering the applicable law concerning course and scope of employment. Accordingly, a de *317 novo review of the record is necessary here.

Before reviewing the evidence, we set forth the controlling principles of law on course and scope. The extent of an employer's liability for paying workers' compensation benefits to an injured employee is controlled by La. R.S. 23:1031(A), which provides as follows:

If an employee not otherwise eliminated from the benefits of this Chapter receives personal injury by accident arising out of and in the course of his employment, his employer shall pay compensation in the amounts, on the conditions, and to the person or persons hereinafter designated. (Emphasis added.)

Generally, two elements must be proven to show that an employee was within the course and scope of his employment: (1) that the injury suffered by the employee arose out of the employment ("the arising-out-of requirement"), and (2) that the employee suffered the injury during the course of his employment ("the during-course-of requirement"). See Bolton v. Tulane Univ. of Louisiana, 96-1246 (La.App. 4 Cir. 1/29/97), 692 So.2d 1113 (subsequent history omitted).

The arising-out-of requirement is designed to separate accidents that may be attributed to employment risks, which are compensable, from accidents that may be attributed only to personal risks. Mundy v. Department of Health and Human Resources, 593 So.2d 346, 349 (La.1992). A determination of whether an accident arises out of the employment requires that a court consider only the following questions:

(1) Was the employee then engaged about his employer's business and not merely pursuing his own business or pleasure; and (2) did the necessities of that employer's business reasonably require that the employee be at the place of the accident at the time the accident occurred?

Bolton, 96-1246 at p. 13, 692 So.2d at 1121.

In Fasullo v. Finley, 2000-2659, pp. 4-5 (La.App. 4 Cir.

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817 So. 2d 313, 2001 La.App. 4 Cir. 1833, 2002 La. App. LEXIS 1530, 2002 WL 1009929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winkler-v-wadleigh-offshore-inc-lactapp-2002.