 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Veal v. American Maintenance and Repair9/23/2005
BEFORE: CARTER, C.J., GUIDRY, AND GAIDRY, JJ.
GAIDRY, J - CONCURS
Guidry, J. from that portion of the opinion affirming the arrangement of caste to the plaintiff and concur in the remaining portions of the opinion.
This is a suit to recover workers' compensation benefits. This is the fifth time the matter has been before this court for review of the district court's award of benefits to plaintiff, Mr. Leo Veal, Sr., after a 1988 work-related injury. The main issue presented in this appeal is whether the district court's most recent judgment of June 23, 2004, improperly altered the original district court judgment rendered October 2, 1991 (the 1991 judgment), as well as this court's fourth judgment of December 28, 2001, interpreting the 1991 judgment as awarding plaintiff ongoing and continuous workers' compensation benefits until another judgment finds a modification in plaintiff's disability status. In Veal v. American Maintenance & Repair, Inc., 00-2245 (La. App. 1 Cir. 12/28/01), 804 So.2d 889, 892 (hereafter referred to as "Veal IV"), we remanded the case to the district court for a determination of the amount of plaintiff's award.
BACKGROUND
The facts and long procedural history for this case have been repeatedly and sufficiently outlined in detail in our previously published opinions, Veal II and Veal IV (cited in footnote 1). Therefore, we will not repeat the full background in this opinion.
Plaintiff was injured while on the job in 1988. He filed suit on January 23, 1989, alleging that he was totally and permanently disabled. After a trial, the district court rendered the 1991 judgment, which provided in pertinent part:
Defendants are to pay to Plaintiff the maximum amount of compensation benefits due from the date of accident on May 25, 1988, through this trial date, September 18, 1991, together with all related medical expenses, ... reserving to Defendants all of their rights for review at a later time, depending on new medical evaluations. (Emphasis ours.)
In Veal IV, we affirmed a subsequent district court judgment interpreting the 1991 judgment as providing plaintiff continuous and ongoing workers' compensation benefits from the date of trial until another judgment finding a modification in plaintiff's disability status. We remanded the case back to the district court for a determination of the amount of plaintiff's award plus interest. Veal IV, 804 So.2d at 892.
In response to this court's ruling in Veal IV, plaintiff filed a motion in the district court to enforce the original 1991 judgment and this court's ruling in Veal IV. Plaintiff also sought penalties and attorney fees for defendants' failure to pay the ongoing benefits until his disability status is modified by another judgment. Defendants, American Maintenance & Repair, Inc. and its workers' compensation insurer, Aetna Casualty & Surety Company, deposited $159,977.00 into the registry of the district court. Defendants maintained that the deposited amount was the amount due (according to plaintiff's own calculations) under the judgment as of that time, representing the principal and legal interest without attorney fees and penalties.
A hearing was held in the district court on January 9, 2004, for the determination of the amount of the award, a determination of whether plaintiff was entitled to penalties and attorney fees, and for the proper allocation of the fees between the attorneys. After the hearing, the district court signed a judgment on June 23, 2004 (the 2004 judgment), ordering that the amount of plaintiff's award was $159,997.00; finding that defendants were arbitrary and capricious; o
Page 1 2 3 4 Louisiana Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|