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Industrial Babbitt Bearings v. Lessard9/23/2005
decision not to apply the general procedural rule that the February 20, 2003 judgment's silence on that issue of whether Mr. Lessard suffered a compensable injury was a denial of that claim.
We further disagree that the WCJ improperly modified the February 20, 2003 judgment in reaching that conclusion. We specifically note that the WCJ's June 28, 2004 judgment improperly includes the WCJ's reasons for judgment. For example, the June 28, 2004 judgment states, "IT IS ORDERED, ADJUDGED AND DECREED that the exclusive issue tried on January 22, 2002 was the issue of 1208 and 1208.1 fraud." This is clearly part of the reasons for the WCJ's judgment and was improperly included in the WCJ's judgment. See LSA-C.C.P. art. 1918. The inclusion of reasons for judgment does not, however, invalidate the otherwise valid judgment. Hinchman v. International Brotherhood of Electrical Workers, Local Union No. 130, 292 So.2d 717, 720 (La. 1974).
Finally, IBB contends the WCJ erred in failing to apply the concept of res judicata. However, IBB did not file a peremptory exception raising the objection of res judicata with the OWC and has not filed such an exception with this court. The objection of res judicata must be specially pleaded and cannot be supplied by the court. LSA-C.C.P. art. 927B. Since IBB did not specially plead the issue of res judicata as required by LSA-C.C.P. art. 927B, the issue was not before the WCJ and is not before this court at this time.
CONCLUSION
For the foregoing reasons, the judgment appealed from is affirmed. Costs of this appeal are assessed to Industrial Babbitt Bearings and Bridgefield Casualty Insurance Company.
AFFIRMED.
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