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Meyers v. Fairfield Inn12/12/2001
ce of La.R.S. 23:1102(B), held that the employer was entitled to a dollar for dollar credit on the entire amount of the settlement minus attorney fees and costs of prosecution).
In the present case the evidence is clear, and the parties admit, that Ms. Meyers' knee and upper back problems are medical conditions unrelated to her employment at Fairfield Inn. Therefore, it follows that some of the settlement funds Ms. Meyers obtained from the third-party tortfeasor are to compensate Ms. Meyers for those injuries as well as the aggravation to her lower back problem. Thus, the amount of Ms. Meyers' settlement funds used to treat her non-work-related injuries cannot be included in the amount of the funds available for Fairfield's and Zurich's dollar for dollar credit. Ms. Meyers spent $361.00 on an emergency room visit as a result of the January 1999 car accident and $3,623.60 for physical therapy related to her knee and upper back problems, medical conditions for which Fairfield and Zurich were not obligated and will not be obligated to pay workers' compensation benefits. Thus, $3,984.60 of Ms. Meyers' $10,000.00 settlement is not available for Fairfield's and Zurich's dollar for dollar credit, leaving $6,015.40 of the settlement from which Fairfield and Zurich may seek their credit after deducting attorney fees and costs associated with the prosecution of the third-party claim. The evidence shows that the attorney fees totaled $3,333.33 and costs were $127.52. Thus, the amount of Fairfield's and Zurich's credit is $2,554.55. To interpret the employer's and/or insurer's credit otherwise, with respect to these injuries suffered by Ms. Meyers at the hand of a third party that were not related to her work for Fairfield, would penalize the injured worker and undermine the humane purpose of the workers' compensation statutory framework. This we decline to do. We hold that unrelated medical expenses for which an employer or insurer has no responsibility for payment, that is, for which no compensation is payable, do not qualify for a dollar for dollar credit under La.R.S. 23:1102(B). These expenses are encompassed within the intendment of the term "costs" in La.R.S. 23:1102(B).
III. CONCLUSION
For the above reasons, the judgment of the workers' compensation judge is amended to decrease the amount of credit to which Fairfield and Zurich are entitled pursuant to La.R.S. 23:1102(B) from $6,572.48 to $2,554.55. In all other respects, the judgment of the workers' compensation judge is affirmed.
Costs of this appeal are assessed to defendants-appellees, Fairfield and Zurich.
AMENDED AND, AS AMENDED, AFFIRMED.
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