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Dautriel v. American Red Cross of SW Louisiana9/29/2004
REVERSED & REMANDED.
Issues on appeal to this court arise out of an employment relationship. Rita Dautriel, appellant, was injured in a work-related accident while employed by the American Red Cross of Southwest Louisiana. Rita Dautriel filed a claim in the Office of Workers Compensation, and the American Red Cross countered with a plea of prescription, which the Office of Workers Compensation granted.
FACTS
Rita Dautriel's job position was that of a bingo session manager employed for the American Red Cross of Southwest Louisiana. She worked two days a week and was paid $50.00 per bi-weekly bingo session. She was also paid a $100.00 stipend for doing the bookkeeping for these bingo sessions. On January 23, 2001, Rita Dautriel sustained an injury while employed by the American Red Cross. She was injured during a bingo session when she lost her footing on a platform and fell. She received medical treatment for her injuries and continued to work until September 22, 2001, when she sustained a second injury. She once again received medical treatment for these injuries and continued to work, but with modifications as she was no longer able to lift heavy objects. In all other respects, she continued to perform her job duties. On June 30, 2002, Rita Dautriel's position with the American Red Cross was eliminated. On elimination of her job position, Rita Dautriel requested disability payments from the American Red Cross but was refused.
PROCEDURAL HISTORY
Rita Dautriel filed a claim for compensation in the Office of Workers Compensation on March 25, 2003. American Red Cross filed an exception of prescription which the Workers' Compensation Judge granted on December 3, 2003, thereby dismissing Rita Dautriel's claims. Rita Dautriel timely filed a motion for devolutive appeal on December 31, 2003.
ASSIGNMENTS OF ERROR
1) The Office of Workers Compensation erred in its decision to grant American Red Cross' exception of prescription.
2) Rita Dautriel is entitled to an award of penalties and attorneys' fees.
LAW AND ANALYSIS
The standard of review for findings of the trial court has been clearly established in this circuit. A court of appeal may not set aside a judge's factual finding unless that finding was manifestly erroneous or clearly wrong. Stobart v. State, through Dep't. of Transp. & Dev., 617 So.2d 880 (La.1993). "Absent 'manifest error' or unless it is 'clearly wrong,' the jury or trial court's findings of fact may not be disturbed on appeal." Sistler v. Liberty Mut. Ins. Co., 558 So.2d 1106, 1111 (La.1990). "If the trial court or jury's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently." Id. at 1112.
ASSIGNMENT OF ERROR NUMBER ONE
The first assignment of error concerns the Office of Worker's Compensation decision that Dautriel's claim was untimely. We find merit in this assignment and therefore reverse the decision of the Office of Workers Compensation and remand.
The relevant statute for determining the prescriptive period is "La.R.S. 23:1209(A)"
In case of personal injury, including death resulting therefrom, all claims for payments shall be forever barred unless within one year after the accident or death the parties have agreed upon the payments to be made under this Chapter, or unless within one year after the accident a formal claim has been filed as provided in subsection B of this section and in this chapter. Where such payments have bee
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