 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Ardoin v. SWDI11/2/2005
arish as indicated on the claims filed by Ardoin. SWDI suggests that the domicile of an inmate is chosen by the Department of Corrections and is the parish in which he is incarcerated, not the parish to which he will return upon release. SWDI relies on La.R.S. 13:3237, which provides that an inmate may be sued at the place of his "former domicile," language indicating that an inmate obtains a new domicile upon incarceration.
The OWC judge reached the following conclusions:
onsidering that Mr. Ardoin was incarcerated in a work-release program at the time that the accident occurred, it actually did not occur in the parish served by the district of this Court, and the place where Mr. Ardoin was housed and had been, apparently, housed for a considerable period of time was not in the district of this Court. This Court would order this matter transferred to the District 09 and he can proceed with his claim there. The accident happened there. The witnesses are apparently there. I don't see where it [would] work any hardship on Mr. Ardoin to continue pursuing his claim in District 09.
The OWC judge did not make a factual finding as to Ardoin's domicile. Indeed, the court was presented with no evidence of domicile; rather, references were made only as to residence at the time of the accidents and at the time the claims were filed. However, we find such evidence unnecessary to a determination of proper venue in this instance. Our review of these proceedings reveals no error in the conclusion reached below. The OWC judge was authorized to transfer this case to any other district in the state under La.R.S. 23:1310.4(B), which provides that "hearings may be held in any workers' compensation district if the workers' compensation judge determines that good cause has been shown." The judge was satisfied that good cause was shown for the transfer of this case. We find no manifest error in this conclusion.
For the foregoing reasons, the judgment rendered by the Office of Workers' Compensation ordering the transfer of this matter to District 9 is hereby affirmed. Costs of this appeal are assessed to the claimant, Ray Ardoin.
AFFIRMED.
|