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Williams v. Luber6/5/2002
Workers' compensation claimant brought an action against the defendant to recover workers' compensation benefits. The defendant filed a motion for partial summary judgment to dismiss the claim against him. The trial court found in favor of the defendant. The claimant appeals. For the following reasons, we affirm.
Factual and Procedural Background
The claimant, Dewitt Williams, was injured in a work-related accident on September 20, 1999. At the time of the accident, Mr. Williams was employed by A.Jax Lumber, L.L.C. and was working as a millwright and an operator at a mill in Colfax, Louisiana. Mr. Williams was hired by Michael Risinger, who owned and organized A.Jax Lumber, L.L.C. The organization of Ajax Lumber was completed September 7, 1999, thirteen days before Mr. Williams accident.
Mr. Williams reportedly injured his left knee while exiting a forklift at work. Mr. Risinger testified that he became aware of the accident approximately two days later. Mr. Risinger further testified that he transported Mr. Williams to Rapides Industrial Medicine in Alexandria to be examined by a doctor. Mr. Risinger also transported Mr. Williams to his repeat visits to Rapides Industrial Medicine. Additionally, Mr. Risinger testified that when he brought Mr. Williams to Rapides Industrial Medicine that he gave them "our workman's comp number."
On July 10, 2000, Mr. Williams filed a disputed claim for compensation with the Office of Workers' Compensation. In the disputed claim, Mr. Williams alleges that " he workers' compensation insurer has refused to pay my weekly benefits for the period of 09/28/99 through 02/06/00. . . ." On August 20, 2001, the defendants filed a motion of summary judgment, which was denied by the workers' compensation judge on October 4, 2001. Subsequently, on November 6, 2001, the defendant filed a motion for partial summary judgment. The workers' compensation judge granted this motion on December 11, 2001, which dismissed Michael Risinger d/b/a Ajax Lumber from the instant suit with prejudice.
On December 12, 2001, an appeal was entered on behalf of the plaintiff. In the plaintiff's sole assignment of error, he argues that the workers' compensation judge "committed error as a matter of law when he found that there were no material issues of fact as to whether or not the plaintiff-appellant, Dewitt Williams, was an employee of Michael Risinger d/b/a/ Ajax Lumber or was an employee of A.Jax Lumber L.L.C., a corporation formed on September 7, 1999."
Discussion
Summary judgments are reviewed by appellate courts de novo under the same guidelines that dictate the trial judge's decision of whether summary judgment is appropriate. Blaise v. Smith, 01-1512 (La.App. 3 Cir. 3/6/02); 809 So.2d 1253. See also Palm-Air Civic Ass'n, Inc. v. Syncor Int'l Corp., 97-1485 (La.App. 4 Cir. 3/4/98); 709 So.2d 258. A motion for summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law." La.Code Civ.P. art. 966(B). Accordingly, summary judgment is favored and is construed to achieve a "just, speedy, and inexpensive determination of every action, except those disallowed by Article 969." La.Code Civ.P. art 966(A)(2).
As stated above, the workers' compensation judge granted the appellant's motion for partial summary judgment which dismissed Michael Risinger d/b/a Ajax Lumber from this action with prejudice. In oral reasons for judgment, the workers' compensation judge stated:
In support of th
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