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Coker v. State, Department of Elections & Registration

Citations: 469 So. 2d 451; 1985 La. App. LEXIS 9433Docket: No. 84-410

Court: Louisiana Court of Appeal; May 15, 1985; Louisiana; State Appellate Court

Narrative Opinion Summary

This case involves an appeal by a plaintiff seeking worker’s compensation benefits following an injury sustained while performing duties as an election commissioner. The plaintiff filed a claim against the State of Louisiana and Sabine Parish, which was dismissed by the trial court on the grounds of exceptions for no cause of action and no right of action. The court ruled that the plaintiff, as an election commissioner, is classified as a public official under LSA-R.S. 18:425 and, therefore, is ineligible for compensation benefits as per LSA-R.S. 23:1034(B). The ruling was supported by the precedent set in Cloud v. State, which distinguishes public officials from employees, emphasizing the independence and sovereign authority inherent to public officials. The court affirmed the dismissal of the plaintiff’s suit, noting that the plaintiff's status as a public official could not be altered by amending her petition, thus upholding the trial court's decision and assigning costs to the appellant.

Legal Issues Addressed

Amendment of Petition After Peremptory Exception

Application: The court found no error in denying the amendment of the plaintiff's petition, as her status as an election commissioner could not change.

Reasoning: The trial court did not err in denying the plaintiff's request to amend her petition, as the grounds for objection—her status as an election commissioner—could not be altered.

Classification of Election Commissioners as Public Officials

Application: The court determined that election commissioners are public officials under LSA-R.S. 18:425, thereby excluding them from worker’s compensation benefits.

Reasoning: The court referenced LSA-R.S. 42:1, defining public office and public officers, noting that election commissioners are classified as public officials under LSA-R.S. 18:425, with specific duties and compensation.

Exclusion of Public Officials from Worker’s Compensation

Application: The court ruled that public officials, such as election commissioners, are ineligible for worker’s compensation under LSA-R.S. 23:1034(B).

Reasoning: The plaintiff, acting as an election commissioner, is deemed a public official under LSA-R.S. 42:1 and is therefore excluded from the State’s worker’s compensation coverage (LSA-R.S. 23:1034(B)).

Peremptory Exceptions of No Cause and No Right of Action

Application: The trial court's granting of these exceptions was upheld, as the plaintiff was not an employee of the Parish or State, negating her worker’s compensation claim.

Reasoning: The trial court's ruling on exceptions of no cause of action and no right of action was correct, as the plaintiff, by her own allegations, was not a Parish or State employee and thus had no remedy under the worker’s compensation law.