Revere v. Dolgencorp9/23/2005
BEFORE: WHIPPLE, McCLENDON, AND WELCH, JJ.
McClendon J. Concus and Assigns Resigns.
Claimant, Mary Dale Revere, appeals from a grant of summary judgment in favor of Dolgencorp Inc. d/b/a Dollar General ("Dollar General"), forfeiting her right to workers' compensation benefits under LSA-R.S. 23:1208, based upon a finding that she made material misrepresentations in connection with her claim. For the following reasons, we reverse and remand.
FACTS AND PROCEDURAL HISTORY
On October 7, 2003, Revere filed a disputed claim for compensation with the Office of Workers' Compensation ("OWC"), alleging that on March 28, 2003, she "tripped over a potting soil display while carrying a large box of merchandise" in connection with her employment as a cashier/stock clerk at Dollar General #8203 in Covington, Louisiana. In the claim she sought additional indemnity benefits and medical treatment, contending Dollar General wrongfully terminated benefits.
Subsequently, Dollar General filed a motion for summary judgment contending Revere had forfeited all rights to benefits to which she otherwise would have been entitled, pursuant to LSA-R.S. 23:1208, because Revere had made material misrepresentations for the purpose of obtaining workers' compensation benefits. On May 3, 2004, the OWC heard the matter and rendered judgment granting Dollar General's motion for summary judgment. The OWC also issued written reasons for judgment, concluding that she "provided false statements which were willful and for the purpose of obtaining benefits which is a violation of 23:1208."
Revere appeals, contending that the OWC erred in granting summary judgment and in finding that all benefits should be terminated prior to the date of her answers to interrogatories, i.e., January 12, 2004.
DISCUSSION
A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine issue of material fact. Sanders v. Ashland Oil, Inc., 96-1751, p. 5 (La. App. 1st Cir. 6/20/97), 696 So. 2d 1031, 1034, writ denied, 97-1911 (La. 10/31/97), 703 So. 2d 29. The summary judgment procedure is favored and is designed to secure the just, speedy, and inexpensive determination of every action. LSA-C.C.P. art. 966(A)(2). The motion should be granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue as to material fact and that mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966(B).
An appellate court reviews an OWC's decision to grant a motion for summary judgment in workers' compensation cases de novo, using the same criteria that govern the OWC's consideration of whether summary judgment is appropriate. Newman v. Richard Price Construction, 2002-0995 (La. App. 1st Cir. 8/8/03), 859 So. 2d 136, 139. A claim under LSA-R.S. 23:1208 is appropriate for resolution by way of summary judgment. LSA-C.C.P. art. 966(A)(2); LSA-R.S. 23:1317(A); Caye v. Slidell Travel Center, 2002-0208 (La. App. 1st Cir. 12/31/02), 837 So. 2d 144, 148, writ denied, 2003-0338 (La. 4/21/03), 841 So. 2d 797.
The initial burden of proof is on the moving party. Thereafter, the nonmoving party must produce factual support sufficient to establish that it will be able to satisfy its evidentiary burden of proof at trial. If the opponent of the motion fails to do so, there is no genuine issue of material fact and summary judgment must be granted. LSA-C.C.P. art.966(C)(2). Because it is the applicable substantive law that determines materiality, whether a particular fact in dispute is material can be seen only in light of the
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