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Fontenot v. Reddell Vidrine Water District12/8/2004
ever, I find the matter before us to be distinguishable from that decision. In Dufrene, the employee had not obtained a judgment against her employer. Rather, the employee's claim arose after the employer had voluntarily made payments and then unilaterally stopped those payments. In the matter before us, there is no unresolved claim or voluntary payment involved. Fontenot has the benefit of a final judgment awarding him benefits. This fact distinguishes the case from the holding in Dufrene and requires a reversal of the grant of the prescription exception.
Once Fontenot obtained the final judgment awarding benefits, La.R.S. 23:1209(A) no longer applied. Instead, in my opinion, the matter is governed by the provisions of La.R.S. 23:1310.8, which relates to the continuing jurisdiction of the WCJ. Louisiana Revised Statutes 23:1310.8(B) specifically provides:
Upon the application of any party in interest, on the ground of a change in conditions, the workers' compensation judge may, after a contradictory hearing, review any award, and, on such review, may make an award ending, diminishing, or increasing the compensation previously awarded, subject to the maximum or minimum provided in the Workers' Compensation Act, and shall state his conclusions of fact and rulings of law, and the director shall immediately send to the parties a copy of the award.
Although it offered Fontenot light-duty work rather than continue to pay indemnity benefits, the Water District took no steps to have that condition change recognized by the WCJ. Therefore, the prior judgment remains in full force and effect, and the Water District cannot ignore its effect by claiming that Fontenot's claim has prescribed. To rule otherwise would open the workers' compensation system to the possibility of abuse. An employer or insurer who is subject to a judgment awarding benefits can simply circumvent the long-term effects of the judgment by providing "light-duty" employment for three years and then dismissing the injured employee, leaving him without recourse. I would reverse the grant of the exception of prescription and remand the matter to the WCJ for further proceedings.
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