Beaumont v. Exxon Corp.
| Decision Date | 27 April 1999 |
| Docket Number | No. 98-CA-1239.,98-CA-1239. |
| Citation | 734 So.2d 155 |
| Parties | Judith D. BEAUMONT v. EXXON CORPORATION. |
| Court | Court of Appeal of Louisiana — District of US |
Michael R. Allweiss, Marynell L. Piglia, New Orleans, LA, for Plaintiff-Appellant.
Gregory C. Weiss, Stephen R. Barry, New Orleans, LA, for Defendant-Appellee.
Panel composed of Judges CHARLES GRISBAUM, Jr., EDWARD A. DUFRESNE, Jr. and SUSAN M. CHEHARDY.
This is an appeal by Judith Beaumont, a workers' compensation claimant, from an interlocutory ruling in her claim against Exxon Corporation and Petroleum Casualty Corporation, defendants. Because the ruling complained of is not a final judgment, this court lacks appellate jurisdiction over the matter. The appeal must therefore be dismissed.
The pertinent procedural facts of this matter are as follows. Claimant was injured in an automobile accident while employed by Exxon. She apparently recovered damages from the third-party tortfeasor, and also received some form of disability payments from Exxon and its insurer, Petroleum Casualty. She was eventually fired from her job, allegedly because she was not able to perform it due to her injuries. At some point she initiated a workers' compensation claim.
In response to that claim the defendants urged a motion for summary judgment asserting that 1) claimant settled the third-party tort suit without properly informing the employer, thus terminating her right to workers' compensation, and 2) she has already been paid, in lieu of workers' compensation, long term disability benefits pursuant to a private plan maintained by Exxon which exceed any compensation payments which might be due. The workers' compensation judge issued an order which granted defendant a credit of $150,000 against any compensation award which might later be found to be owing at trial of the case, but deferred all other issues to trial on the merits. The claimant has now appealed that judgment.
The law is clear that under the Workers' Compensation Act only final judgments which adjudicate the entire claim are appealable. In Smith v. UNR Home Products, 614 So.2d 54 (La.1993), the court stated:
LSA-R.S. 23:1310.5 contemplates an appeal from a final decision by the hearing officer upon completion of the required evidentiary hearing or hearings. Piecemeal appeals go counter to the new workers' compensation procedures which are designed to allow the hearing officer to "decide the merits of the controversy as equitably, summarily and simply...
To continue reading
Request your trial
-
Atwell v. First General Services
...case, i.e., whether claimant was entitled to benefits and in what amount. See LSA-C.C.P. art. 1915; Beaumont v. Exxon Corporation, 98-1239 (La.App. 5th Cir.4/27/99), 734 So.2d 155, 156. 9. We note that while Dr. Mitchell stated that he believed claimant had reached maximum medical improveme......
-
Rhodes v. Lewis
...614 So.2d 54 (La.1993), Volion v. Baker Heritage, Inc., 97-92 (La.App. 5 Cir. 5/28/97), 695 So.2d 1038, and Beaumont v. Exxon Corp., 98-1239 (La.App. 5 Cir. 4/27/99), 734 So.2d 155, dismissed the appeal and remanded the case to the OWC for a hearing on the remaining issues. Rhodes v. Lewis,......
- Murray v. Servall Serv. Inc
-
Hughes v. Albertson's, Inc.
...final judgments which adjudicate the entire claim are appealable. Beaumont v. Exxon Corp., 98-1239, p. 2 (La.App. 5th Cir. 4/2W99), 734 So.2d 155, 156. See also, Winkler v. Wadleigh Offshore, Inc., 2000-0151, p. 1 (La. App.4th Cir. 1/24/01), 781 So.2d 588, 588-589; Volion v. Baker Heritage,......