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Haynes v. United Parcel Service8/17/2005
the injuries arising from the 1988 accident were anything other than new, unforeseen and not caused by the prior injuries. See Dickerson v. Kroger, Inc., [509 So. 2d 813, 816 (La. App. 1st Cir. 1987)].
Elliott is not entitled to recover damages from the tortfeasor for her pre-existing condition, it is the tortfeasor who has a basis to complain, not intervenor. See Cahill v. Schultz, 521 So. 2d 442, 444 (La. App. 4th Cir. 1988). Based upon the facts as alleged in the petition for intervention, there is no relationship between the 1987 work-related accident/injuries and the 1988 non-work related accident/injuries, therefore the latter injuries are not subject to worker's compensation law. Under these circumstances, R.S. 23:1101 does not apply. For this reason, plaintiff's exception of no cause of action was properly sustained with regard to intervenor's ยง 1101 allegations.
Id., 615 So. 2d 1354, 1356-1357.
As in Elliot, supra, for UPS to claim indemnification under La. R.S. 23:1101 against the driver in the automobile accident, Haynes must have had a right to receive compensation as a result of the injuries arising out of that vehicular accident. All that is alleged in this case is that the automobile accident aggravated the earlier work-related injuries. In the instant case, the forfeiture provisions of La. R.S. 23:1102(B) are not implicated because La. R.S. 23:1101 does not apply. See Chelette v. Riverwood International USA, Inc., 02-1347 (La. App. 3d Cir. 04/30/03), 843 So. 2d 1245, cert. granted in part, judgment reversed in part, 03-1483 (La. 10/17/03), 858 So. 2d 412; Townsend v. Pittsburgh Plate Glass Industries, Inc., 535 So. 2d 407 (La. App. 3d Cir. 1988), writ denied, 536 So. 2d 1200 (La. 1988).
Conclusion
For the reasons stated above, the judgment of the workers' compensation judge granting summary judgment in favor of defendants is REVERSED and this case is REMANDED for further proceedings. Costs are taxed to defendants-appellees.
REVERSED AND REMANDED.
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