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Offord v. Border To Border Trucking2/7/2001
AFFIRMED AS AMENDED.
PICKETT, Judge.
FACTS
In 1998, Johnny Offord, a Louisiana resident, was employed by Border To Border Trucking Company (Border To Border), based in Edinburgh, Texas. On October 23, 1998, while in Athens Tennessee, Mr. Offord was struck in the head by a door at the warehouse where his truck was being loaded. He sustained injuries to his neck and back. Mr. Offord alleges he continues to suffer headaches, neck and back pain, and tingling in his extremities which prevent him from working.
Mr. Offord filed a disputed claim for compensation with the Office of Workers' Compensation on December 8, 1998. Unrepresented by counsel, Border To Border entered a general denial on February 12, 1999. September 23, 1999, a trial was conducted. Border To Border failed to appear. A judgment was rendered in favor of Mr. Offord on November 1, 1999. The judgment held the following: 1) jurisdiction was proper and Louisiana workers' compensation law controlled this matter; 2) Mr. Offord was injured in the course and scope of his employment; 3) Mr. Offord was eligible for workers' compensation benefits back to the date of the accident in the amount of $367.00 per week; 4) Border To Border was responsible for paying Mr. Offord $2,027.00 as prepayment for an MRI that was recommended by Mr. Offord's treating physician; 5) Mr. Offord was entitled to continued medical and workers' compensation benefits; and 6) Border To Border was arbitrary and capricious in its handling of this claim and was ordered to pay $2,000.00 in penalties and $10,000.00 as an attorney fee.
It is from this judgment the defendant appeals.
DISCUSSION
The appellant sets forth four assignments of error. In its first assignment of error, the appellant argues the workers' compensation court erred in finding it had proper jurisdiction over this claim and Louisiana law controls. Louisiana workers' compensation coverage, in accordance with La. R.S. 23:1035.1, applies to work-related accidents that occur outside the territorial limits of the state if certain circumstances are present.
La.R.S. 23:1035.1 sets forth:
(1) If an employee, while working outside the territorial limits of this state, suffers an injury on account of which he, or in the event of his death, his dependents, would have been entitled to the benefits provided by this Chapter had such injury occurred within this state, such employee, or in the event of his death resulting from such injury, his dependents, shall be entitled to the benefits provided by this Chapter, provided that at the time of such injury
(a) his employment is principally localized in this state, or
(b) he is working under a contract of hire made in this state.
It is clear that the claimant's employment was not principally localized in this state. Therefore, the issue is whether the claimant was working under a contract of hire made in Louisiana.
To determine whether a contract is to be regarded as a Louisiana contract or that of another state in workers' compensation cases, the intent of the parties is the paramount consideration. Chance v. Fidelity & Casualty Company of New York, 509 So.2d 593 (La.App. 3 Cir. 1987). Because there is insufficient evidence in the record to determine the parties intent, however, we must determine whether the contract was actually formed in Louisiana.
Whether the claimant was hired in Louisiana is based on the particular facts surrounding his actual employment. Employees of Border To Border brought an employment application to the claimant in Louisiana. It was filled out in Louisiana. One of these s
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