Suire v. William G. Helis Co.
Docket: No. 2005-C-1042
Court: Supreme Court of Louisiana; November 28, 2005; Louisiana; State Supreme Court
Writ granted; the court of appeal's ruling is reversed, reinstating the trial court's decision to grant GreyStar's motion for summary judgment. The matter is remanded for further proceedings. William Suire, the plaintiff, was employed by GreyStar Corp. and worked on a fixed platform owned by The William G. Helis Company, L.L.C. (Helis). Suire claimed injury at this location and sued Helis for negligence, but did not sue his employer, GreyStar. Helis filed a third-party demand against GreyStar for indemnification under their master service agreement. In response, GreyStar sought summary judgment, contending that Helis was Suire's statutory employer, making workers' compensation Suire's exclusive remedy. Suire later amended his petition, claiming his original injury was aggravated due to his work-related activities and sought benefits under the Longshore Harbor Workers Compensation Act (LHWCA), asserting maritime employment status. The court found that summary judgment was appropriate, referencing Herb’s Welding, Inc. v. Gray, which established that workers injured on fixed platforms in Louisiana state waters are not considered engaged in maritime employment and thus are not entitled to LHWCA benefits. The court concluded that Suire's sole remedy is workers' compensation and that Helis, as the statutory employer, cannot be sued for negligence. Additionally, Suire's claims of injury aggravation while on navigable waters were not directed against a named defendant, undermining his amended petition. Other issues raised were not addressed due to this conclusion. Chief Justice Calogero dissented, and Justice Johnson would deny the writ application.