Court: Louisiana Court of Appeal; May 5, 2009; Louisiana; State Appellate Court
In the workers’ compensation case involving Anthony Gobert, he was injured on June 14, 2000, while working for S.W.D.I. L.L.C. during a work release program, suffering a severe injury to his lower right leg when the garbage truck he was riding on collided with a parked vehicle. After the accident, he returned to prison due to his inability to perform work duties and subsequently faced serious medical complications requiring multiple surgeries. Following his release, he was convicted of a federal offense and incarcerated again. On April 12, 2006, he filed a disputed claim for compensation to interrupt the prescription of his claims for indemnity and medical expenses.
S.W.D.I. responded by asserting that Gobert's benefits were terminated due to his incarceration and contended that he was not entitled to benefits during that period. They also noted that it had been over a year since he had seen his treating physician regarding his ability to work, which they argued meant he was not entitled to weekly workers’ compensation benefits. Gobert sought a stay order, contending that he filed his claim to preserve his rights for future benefits following his release from prison.
S.W.D.I. filed a peremptory exception, claiming no cause of action based on La. R.S. 23:1201.4, which states that an employee's right to compensation is forfeited during incarceration unless they have dependents relying on the award. The workers’ compensation judge ruled in favor of S.W.D.I., denying Gobert's motion for a stay and dismissing his claims with prejudice. Gobert appealed, arguing that the judge erred in both denying the stay and granting the exception of no cause of action. The relevant statute indicates that while an employee is incarcerated, they lose the right to benefits, but they can file claims while imprisoned, as established in Clark v. Mrs. Fields Cookies, which determined that incarceration does not suspend the running of prescription for filing a workers’ compensation claim.
The Louisiana legislature amended La. R.S. 23:1201.4 to extend the prescriptive period for filing workers' compensation claims for employees who are incarcerated but later found not guilty or have felony charges dismissed, by the number of days of incarceration. This amendment aims to counter the Louisiana Supreme Court's ruling in Clark v. Mrs. Fields Cookies, which stated that incarceration does not suspend the prescription period for such claims. However, the amendment only applies to those who are exonerated or have charges dismissed; it does not provide a suspension for others who remain guilty. In the case of Mr. Gobert, the ruling determined that while he could not collect benefits during incarceration, he retained the right to file a claim to preserve his benefits post-release. The workers' compensation judge had initially found that Mr. Gobert's right to compensation was forfeited during incarceration, leading to a dismissal for lack of cause of action. Upon review, the appellate court concluded that Mr. Gobert was entitled to file his claim while incarcerated, thus reversing the trial court's decision and remanding for further proceedings. Mr. Gobert's motion to stay was denied, and costs were assigned to S.W.D.I.
