Mr. Green filed a workers’ compensation claim after suffering a work-related accident in 2008. The case went to trial in 2009, where certain facts were agreed upon, including Mr. Green’s entitlement to benefits and the employer’s liability for a penalty. The court determined Mr. Green’s average weekly wage and awarded him attorney fees and court costs. This ruling was finalized in a judgment on October 14, 2009.
In 2014, both parties agreed to stay the case until further motions were filed. However, no motions were filed, and the case remained stayed for over three years.
Years later, in 2017, the new WCJ initiated a telephone status conference without any motion from either party and expressed her intent to dismiss Green’s original claim despite the existence of the final judgment. The WCJ’s reasoning was that there had been no activity on the case for three years. Over Green’s objections, the WCJ dismissed the claim “without prejudice,” allowing the parties to file a new claim if needed. Green appealed this decision.
The Court of Appeal reversed the WCJ’s decision, emphasizing that a WCJ’s jurisdiction over a workers’ compensation case is “continuing.” This means the WCJ retains the authority to modify or change prior orders if justified, even years after the initial judgment.
The court found that the WCJ erred in applying a rule meant for unadjudicated or abandoned claims to a case with a final judgment. The proper procedure for modifying an existing award is to file a motion for modification under the same case number, not to dismiss the original claim and require a new filing.
Things to Know:
- Continuing Jurisdiction in Workers’ Comp: In Louisiana, a WCJ maintains jurisdiction over a workers’ compensation case even after a final judgment is rendered. This allows for modifications or changes to the award if circumstances change.
- Proper Procedure for Modification: To modify an existing workers’ compensation award, the correct procedure is to file a motion for modification under the same case number, not to dismiss the original claim and start anew.
- Avoiding Unnecessary Delays and Prejudice: The court’s decision highlights the importance of following proper procedures to avoid unnecessary delays and potential prejudice to the injured worker’s rights. Dismissing a fully adjudicated claim and requiring a new filing can create complications related to prescription (statute of limitations) and other legal issues.
The Green case serves as a crucial reminder that workers’ compensation cases have a unique legal framework in Louisiana. The WCJ retains ongoing jurisdiction even after a final judgment. Both injured workers and employers must understand these procedures and seek legal counsel to ensure their rights are protected, and any modifications to awards are handled correctly.
Additional Sources: MICHAEL GREEN VERSUS TOWN OF LAKE ARTHUR
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Workers Compensation Issues: When a Workplace Injury Crosses State Lines: Navigating the Complexities of Workers’ Compensation and Tort Liability and Worker’s Comp in Louisiana: Navigating the Medical Treatment Guidelines