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Lewis v. Jefferson Parish Sheriff's Office9/25/2001
CANNELLA, J., CONCURS IN THE RESULTS
AFFIRMED
The trial judge granted a summary judgment in this matter, dismissing Claimant-Appellant Ann Lewis's workers' compensation claim against Defendant-Appellee, Jefferson Parish Sheriff's Office. We affirm.
STATEMENT OF THE CASE
Lewis's Disputed Claim Form was filed on January 18, 2000. The Sheriff's Office initially entered a general denial, then, on September 29, 2000, filed a Motion for Summary Judgment, arguing that because she is a parish deputy sheriff, Lewis is not covered under the state compensation scheme.
A hearing was conducted by the compensation judge on November 17, 2000; judgment was rendered November 27, 2000, dismissing Lewis's claim. A motion for new trial was denied on December 8, 2000; Lewis timely filed her motion for appeal.
On appeal, she asserts that the trial court abused its discretion by improperly granting summary judgment when significant genuine issues of material fact exist.
FACTS
Lewis had been employed by the Sheriff's Office as a cook in the Jefferson Parish Correctional Center. She alleged that she developed a hernia as a result of lifting heavy pots and pans in the kitchen.
The record also contains an affidavit executed by Lewis, in which she asserts that she had received no special job training, had not been required to participate in any training programs or law enforcement schools, had not received any weapons training. In addition, she states that she was not a commissioned officer, and that she had not been authorized to carry a weapon. Finally, she asserts that her job had not entailed performing any "official or public" acts, and that her work duties in the Correctional Center had not required participation in the "arena of law enforcement."
Exhibits submitted by the Sheriff's Office include the following.
An affidavit executed by Harry Lee, the Sheriff of Jefferson Parish, includes a statement to the effect that the Sheriff's Office has elected to not provide compensation benefits to its deputies.
The record also contains an affidavit executed by James Wood, a personnel administrator for the Sheriff's Office. Wood states that Lewis had undergone background checks and a polygraph exam subsequent to her application for employment, requirements of "all deputy" applicants, that she had filled out a uniform application, and that she had undergone the same drug screening and performance evaluation required of all other applicants. Once Lewis had been accepted for employment, she had received the same manual, SOP binder, and ethics code as all other deputies who are employed by the Sheriff's Office. In addition, Wood indicated that once she had actually been employed, Lewis had been able to transfer to any other job available without having executed an additional oath of office. Finally, Wood stated that as a deputy, Lewis had belonged to the Sheriff's Pension and Relief Fund.
In a supplemental affidavit, Wood states that all deputies take the same oath, "regardless of the function that the deputy is performing."
Lewis's initial Oath of Office, administered on December 11, 1995, states that she will "faithfully and impartially discharge and perform all duties incumbent on as Deputy Sheriff in and for the Parish of Jefferson, State of Louisiana." Lewis's most recent oath, executed on June 29, 2000, was also included in the record.
A Property Authorization form shows that on December 11, 1995, Lewis had received a number of deputy's uniforms and one "set of badges."
A letter of June 4, 1996, confirms Lewis's me
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