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Ring v. Decor Gravure Corp.6/7/2000
e estimated that the old door unit weighed approximately 150 pounds. Mr. Warden testified that Ring left the job so he could go home to move, but that he intended to return to finish the job. When Ring returned, Mr. Warden testified that he only stayed long enough to load up his tools before leaving.
After reviewing the record, we cannot say that the workers' compensation judge erred in finding that Ring suffered a work-related injury . The workers' compensation judge was presented with two permissible views of the evidence as to the cause of Ring's injury and, since she was in a better position to weigh the credibility of each witness, we cannot say that her finding is unreasonable. Thus, we affirm the workers' compensation judge's finding that Ring was injured as a result of a work-related accident. Decor's assignment of error is dismissed as being without merit.
BENEFITS
In its fourth assignment of error, Decor argues that the workers' compensation judge failed to specify the dates that Ring was entitled to receive temporary total and supplemental earnings benefits, and which medical expenses were related to his work-related accident. We agree with Decor and remand the matter to the Office of Workers' Compensation so that a determination on these issues may be made.
INDEMNITY
In its final assignment of error, Decor argues that the workers' compensation judge erred in failing to award it indemnity from Bradford for compensation benefits it paid to Ring. Decor filed a cross claim against Bradford, alleging that if it was held liable for the payment of compensation benefits to Ring, then it was entitled to indemnity from Bradford, Ring's employer.
We agree with Decor that it was entitled to indemnity from Bradford, pursuant to La.R.S. 23:1061(B). Bradford was in partnership with Archibald, doing business as SWAT. La.R.S. 23:1061(B) provides: "When the principal is liable to pay compensation under this Section, he shall be entitled to indemnity from any person who independently of this Section would have been liable to pay compensation to the employee or his dependent, and shall have a cause of action therefore." The workers' compensation judge did not address the issue of indemnity in her written reasons or judgment; thus, this implies that she denied Decor's claim. However, we find error in this decision since she found that SWAT was Ring's direct employee. Andrews v. Spearsville Timber Co., 343 So.2d 1008 (La.1977); PDT, Inc. v. Bell, 27,930 (La.App. 2 Cir. 1/24/96); 666 So.2d 1282, writ denied, 96-0774 (La. 5/3/96); 672 So.2d 688; Legros v. Norcen Exploration, Inc., 583 So.2d 859 (La.App. 1 Cir.), writs denied, 588 So.2d 101, 109 (La.1991). Accordingly, we award Decor indemnity from Bradford.
CONCLUSION
For the foregoing reasons, we render judgment awarding the defendant-appellant, Decor Gravure, indemnity from Bradford d/b/a SWAT. The judgment of the workers' compensation judge is affirmed in all other respects; however, we remand the matter to the Office of Workers' Compensation for the determination of the dates Ring is entitled to workers' compensation benefits and which medical expenses are related to his work-related accident. The costs of this matter are assessed to Decor Gravure.
AFFIRMED IN PART; RENDERED IN PART; AND REMANDED.
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