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Critser v. Dillard's Department Stores2/16/2001
Disposition: REVERSED AND REMANDED.
Claimant-appellant, Debra Critser (Critser), appeals an Office of Workers' Compensation (OWC) judgment sustaining peremptory exceptions raising the objections of res judicata and no cause of action filed by employer-appellee, Dillard Department Store, Inc. (Dillard). We reverse and remand.
PROCEDURAL BACKGROUND
Although the record does not establish the underlying facts, the parties do not dispute that Dillard was voluntarily paying compensation benefits to Critser, see La. R.S. 23:1204, for an injury which produced temporary total disability.
On July 26, 1999, Critser filed a pleading entitled "Petition for Modification of Decree." According to the allegations of her petition, claimant avers that in conjunction with a disputed claim filed by Dillard on March 31, 1998, which sought a determination of the amount of social security offset for which it was entitled to reduce Critser's compensation benefits under La. R.S. 23:1225C(1)(c), a judgment was rendered on August 3, 1998 allowing a weekly credit of $74.87 in favor of Dillard. Citing Al Johnson Construction Company v. Pitre, 98-2564 (La. 5/18/99), 734 So.2d 623, claimant's petition notes that the employer's right to an offset under La. R.S. 23:1225 was re-examined by the supreme court subsequent to rendition of OWC's August 3, 1998 judgment. Alleging that as a result of the holding in Al Johnson Construction Company, the amount of offset Dillard was determined to be entitled to withhold from her compensation benefits is not in conformity with the prevailing jurisprudence, Critser seeks a modification of the ruling contained in the August 3, 1998 judgment.
On September 3, 1999, Dillard answered Critser's petition and filed exceptions of res judicata and no cause of action. After a hearing, OWC rendered judgment granting both exceptions. A judgment upholding the exceptions was issued by OWC on October 6, 1999. Claimant appeals.
LOUISIANA REVISED STATUTES 23:1225C(1)(c)
Louisiana Revised Statutes 23:1225C(1) presently states:
(1) If an employee receives remuneration from:
(a) Benefits under the Louisiana Workers' Compensation Law.
(b) Old-age insurance benefits received under Title II of the Social Security Act to the extent not funded by the employee.
(c) Benefits under disability benefit plans in the proportion funded by an employer.
(d) Any other workers' compensation benefits, then compensation benefits under this Chapter shall be reduced, unless there is an agreement to the contrary between the employee and the employer liable for payment of the workers' compensation benefit, so that the aggregate remuneration from Subparagraphs (a) through (d) of this Paragraph shall not exceed sixty-six and two-thirds percent of his average weekly wage.
We begin our discussion by examining the jurisprudential backdrop interpreting La. R.S. 23:1225C(1)(c). In City of Covington v. Walker, 99-0844 (La App. 1st Cir. 5/12/00), 762 So.2d 703, writ denied 2000-1687 (La. 9/15/00), 768 So.2d at 1281, another panel of this court succinctly noted the following in a recent discussion of whether an employer was entitled to an offset under La. R.S. 23:1225C(1)(c):
Prior to [the decision Al Johnson Construction Company v. Pitre, 98- 2564 (La. 5/18/99), 734 So.2d 623,] the [supreme] court had interpreted the provisions of La.R.S.23:1225C(1)(c) to require the coordination of Social Security benefits in disability cases. This rationale extended beyond those matters involving permanent total disability. Garrett v. Seventh Ward General Hospital, 95-0017 (La. 9
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