 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Meyers v. Fairfield Inn12/12/2001
AMENDED AND, AS AMENDED, AFFIRMED.
In this workers' compensation case, Victoria Meyers appeals a judgment of the Office of Workers' Compensation rendered in favor of Fairfield Inn (Fairfield) and its insurer, Zurich Insurance Company, (Zurich) pursuant to La.R.S. 23:1102(B) for a dollar for dollar credit on the entire amount of settlement funds Ms. Meyers obtained from a claim against a third-party minus attorney fees, costs, and expenses. Medical bills were not used to reduce the employer's credit. Ms. Meyers also asserts that the trial court erred in failing to issue written reasons for judgment.
We amend the judgment of the Office of Workers' Compensation to decrease the amount of credit to which Fairfield and Zurich are entitled from $6,572.48 to $2,554.55, representing the amount of the $10,000.00 settlement proceeds attributable to the aggravation of Ms. Meyers' work-related injury and as, amended, affirm. Medical expenses which are attributable solely to the injuries caused by the third-party tortfeasor and for which the employer and its insurer are not responsible cannot be used as a credit under La.R.S. 23:1102(B). These medical expenses are "costs paid by the employee in prosecution of the third party claim" under La.R.S. 23:1102(B).
I. FACTS
The material underlying facts are not contested by either party. On April 22, 1998, Ms. Meyers was employed as a housekeeper for Fairfield. While making a bed, Ms. Meyers' foot became tangled in the sheets which caused her to fall to the floor and injure her lower back and extremities. Initially, Ms. Meyers sought treatment in the emergency room of Lake Charles Memorial Hospital. On May 6, 1998, Ms. Meyers began treatment with Dr. Dale Bernauer. During this time, Zurich was paying workers' compensation benefits to Ms. Meyers.
Dr. Bernauer released Ms. Meyers to return to work on October 12, 1998, with the restriction that she get a break every two hours. However, by November 9, 1998, Ms. Meyers returned to Dr. Bernauer complaining of back pain. Dr. Bernauer refilled her prescription and released her to return to work with the same restriction. On subsequent visits to Dr. Bernauer for lower back pain complaints in December, 1998 and January, 1999, Dr. Bernauer recommended the same treatment and work release restrictions he assigned in the past.
On January 29, 1999, Ms. Meyers was involved in a non-work-related car accident. She saw Dr. Bernauer on February 1, 1999, and informed him about her recent car accident. At this appointment, Ms. Meyers complained of right knee pain, thoracic spine pain and an increase to her lower back pain. Consequently, Dr. Bernauer determined that Ms. Meyers could not work because of the injuries to her right knee and thoracic spine resulting from the January 29, 1999, car accident. Dr. Bernauer stated that Ms. Meyers' knee and spinal injuries resulted from the January 1999 car accident.
Ms. Meyers' knee and spinal injuries were resolved by May 3, 1999. However, Ms. Meyers was not released to return to the same type of work at Fairfield that she had done previously, because it was agreed that the car accident of January 1999 aggravated her pre-existing work-related lower back injury. Dr. Bernauer opined that Ms. Meyers was capable of performing only sedentary type work. Subsequently, in January of 2000, Ms. Meyers was able to settle her claim against the tortfeasor involved in the January 1999 car accident for the amount of $10,000.00. The parties further agreed that Ms. Meyers did not work from February 1, 1999 through May 3, 1999 as a result of the January 1999 car accident-related injuries to her knee and spine as opposed to the aggravation of he
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|