 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Meyers v. Fairfield Inn12/12/2001
r work-related lower back injury. The parties also agreed that the physical therapy Ms. Meyers attended from January 29, 1999 through May 22, 2000, was also related to the injuries she suffered as a result of the January 1999 car accident with the exception of the aggravation of her work-related lower back injury.
The workers' compensation judge found "that defendants [were] entitled to a credit of $6,572.48 or $10,000 [the third-party settlement amount] - ($3,000 attorney fees + $127.52 costs/expenses) = $6,572.48 pursuant to [La.R.S.] 23:1102(B)." Ms. Meyers asserts that the amount of the credit should be $2,554.55, calculated as follows:
Settlement $10,000.00 policy limits
Deductions attorney fee $3,333.33
Medical bills $361.00 emergency room visit
Qualls & Co. for (P.T.) $3,623.60
Out-of-pocket expenses $127.52
(Phone, copies, postage) __________
NET TO CLIENT: $2,554.55
In essence, Ms. Meyers contends that part of the funds she received by entering into a settlement agreement with the person responsible for the January 1999 car accident went toward the treatment of her knee and upper-back injuries that were unrelated to the aggravation of her work-related lower back injury for which Fairfield and Zurich are obligated to pay.
II. LAW AND DISCUSSION
A. Written Reasons for Judgment
Ms. Meyers complains about the failure of the workers' compensation judge to provide written reasons for ruling. Louisiana Code Civil Procedure Article 1917 provides that "the court, when requested to do so by a party shall give in writing its findings of fact and reasons for judgment." There is nothing in the record indicating that Ms. Meyers requested the workers' compensation judge to provide written reasons for ruling; therefore, this complaint is without merit.
B. Dollar for Dollar Credit
Louisiana Revised Statutes 23:1101 permits an employee to bring a lawsuit against a third party tortfeasor. A third party tortfeasor
include any party who causes injury to an employee at the time of his employment or at any time thereafter provided the employer is obligated to pay benefits under this Chapter because the injury by the third party has aggravated the employment related injury. La.R.S. 23:1101(C).
The relevant portion of La.R.S. 23:1102 involved in the present case reads as follows:
B. If a compromise with such third person is made by the employee or his dependents, the employer or insurer shall be liable to the employee or his dependents for any benefits under this Chapter which are in excess of the full amount paid by such third person, only after the employer or the insurer receives a dollar for dollar credit against the full amount paid in compromise, less attorney fees and costs paid by the employee in prosecution of the third party claim and only if written approval of such compromise is obtained from the employer or insurer by the employee or his dependent, at the time of or prior to such compromise.
Defendants, Fairfield and Zurich, argue that a literal and strict construction of the statute mandates that in all cases where an injured employee recovers funds from a third party tortfeasor for an injury, the employer is entitled to a dollar for dollar credit on the entire amount recovered by the injured employee minus only attorney fees and litigation costs incurred in the prosecution of the case against the third party. We are mindful that this court has previously regarded this statute as quasi-penal which requires strict construction. See Darbonne v. M&M;Right of Way
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.
|
|