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Ring v. Decor Gravure Corp.6/7/2000
AFFIRMED IN PART; RENDERED IN PART; AND REMANDED.
GREMILLION, Judge.
The defendant, Decor Gravure, appeals the workers' compensation judge's determination that it was the statutory employer of the plaintiff, Robert Ring, at the time he sustained a work-related injury, and that he is entitled to workers' compensation benefits. For the following reasons, we affirm in part, render in part, and remand for further proceedings.
FACTS
This matter began with the manufacture of defective wall board by Decor. Decor manufactures wall board for use in manufactured housing and recreational vehicles. A particular lot of defective wall board was incorporated into mobile homes manufactured by Skyline Corporation, who in turn sold the homes to dealers, including Castle Mobile Homes. Due to the number of homes containing the defective wall board, Skyline contacted Decor and reported that it would be unable to complete all repairs in a timely manner. As a result, and in an effort to appease a good client, Decor decided to hire outside help to assist Skyline with this task.
Decor obtained the name of Ray Archibald, who, along with Roger Bradford, operated a business known as SWAT. Archibald operated out of Tennessee, while Bradford ran an office in Pineville, Louisiana. Wayne Moore, an officer of Decor, contacted Archibald about the proposed work and an agreement was reached whereby SWAT would send a crew of workers to Wisconsin to assist Skyline with the repairs. It was further agreed that SWAT would receive payment once the repairs were completed and a signed release was obtained from the homeowner. Archibald then contacted Bradford and arranged for Ring to travel to Wisconsin to effect the repairs. While in Wisconsin, Ring alleged that he injured his back moving furniture in the mobile home in which he was working.
Ring initially filed a workers' compensation claim and obtained a default judgment against Bradford d/b/a SWAT (Hometown Roofing). Bradford appealed, but we dismissed his appeal from this matter as being untimely. Ring v. Bradford, 97-1527 (La.App. 3 Cir. 1/15/98); 704 So.2d 989. Thereafter, Ring filed another claim against Bradford, as well as claims naming Decor, Skyline, Castle Homes, and Archibald d/b/a SWAT as additional defendants. Both Castle Homes and Skyline were later dismissed from the suit via motions to dismiss and for summary judgment, respectively. In an amended answer, Decor raised a La.R.S. 23:1208 defense, alleging that Ring forfeited his right to workers' compensation benefits by making false statements. Additionally, Decor filed a cross-claim against Bradford, alleging that, if it was found to be Ring's statutory employer, it was entitled to indemnity from Bradford. The matter proceeded to trial against the remaining defendants, Bradford and Decor. Following a hearing, the workers' compensation judge held that Decor was Ring's employer via the two contract theory and that Ring suffered a work-related injury, thus, entitling him to workers' compensation benefits and medical expenses. The workers' compensation judge denied Ring's request for penalties and attorney's fees and further recognized the prior judgment against Bradford. This appeal by Decor followed.
ISSUES
Decor raises five assignments of error on appeal:
1) The workers' compensation judge erred in finding it Ring's statutory employer.
2) The workers' compensation judge erred in failing to address its La.R.S. 23:1208 defense.
3) The workers' compensation judge erred in finding that Ring carried his burden of proof on the causal connection between his alleged accident and health problems.
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