Naquin v. Uniroyal, Inc.

• Decision Date: 28 September 1981
• Docket Number: No. 81-C-1081,81-C-1081
• Citation: 405 So.2d 525
• Parties: Harold J. NAQUIN v. UNIROYAL, INC.
• Court: Louisiana Supreme Court

Page 525

405 So.2d 525

Harold J. NAQUIN v. UNIROYAL, INC.

No. 81-C-1081.

Supreme Court of Louisiana.

Sept. 28, 1981.

Rehearing Denied Nov. 16, 1981.

Calvin E. Hardin, Jr., of Durrett, Hardin, Hunter, Dameron & Fritchie, Baton Rouge, for plaintiff-applicant.

Robert A. Hawthorne, Jr., and Richard A. Curry, of Sanders, Downing, Kean & Cazedessus, Baton Rouge, for defendant-respondent.

DENNIS, Justice.

This action for worker's compensation benefits was brought by Harold J. Naquin against his former employer, Uniroyal, Inc. The trial court determined that Naquin was entitled to an award of $39.00 per week for a period of 200 weeks as compensation for a schedule loss under La.R.S. 23:1221(4)(o ), for the partial loss of use of his arm. The trial court also awarded Naquin penalties and attorney's fees. Naquin appealed the trial court's judgment seeking an increase in compensation benefits and attorney's fees. The Court of Appeal affirmed. 401 So.2d 384. We granted writs to determine whether the courts below erred in limiting Naquin to compensation for a schedule loss rather than partial disability benefits and whether the award for attorney's fees was insufficient. 403 So.2d 68.

Naquin was employed by Uniroyal for approximately twenty-four years. During the last six years of his employment, Naquin served as an Operations Control Coordinator at the Scott's Bluff Uniroyal Plant in East Baton Rouge Parish. On July 29, 1978, Naquin tripped over some hoses, fell, and injured his left shoulder. He was hospitalized and underwent a recovery period of several weeks during which time he received full pay from Uniroyal. He returned to his former job in early September, 1978, and received the same salary he had received prior to the accident. Six months later, on March 7, 1979, Uniroyal sold the Scott's Bluff Plant to U. S. S. Chemicals, a division of United States Steel Corporation.

U. S. S. Chemicals eliminated approximately twenty-three jobs, including Naquin's. The termination of jobs was due, in part, to a revamping of the employment structure which eliminated many positions including Naquin's, and in part to a dismissal of employees whose job performance ratings fell below expectations. Naquin's rating fell in this category due to chronic absenteeism both before and after his injury. Naquin was eligible for pension benefits and elected to retire effective March 7, 1979. Naquin has not been employed since that date though it is not clear from the record whether Naquin has ever sought other employment.

Naquin contends that the courts below erred in finding that he was only entitled to benefits for a schedule loss pursuant to La.R.S. 23:1221(4)(o ). Instead, he claims to be entitled to benefits for partial disability under La.R.S. 23:1221(3) which states, in part, that compensation shall be paid:

"(3) For injury producing partial disability of the employee to perform the duties in which he was customarily engaged when injured or duties of the same or similar character, nature, or description for which he was fitted by education, training, and experience * * *."

The trial court, in its oral reasons for judgment, found that Naquin returned to the same work he had performed before his injury; that he was not entitled to recover for total and permanent disability; but that he was entitled to benefits for a schedule loss under La.R.S. 23:1221(4) due to a 10% permanent disability of his arm. The trial court's oral reasons do not indicate if it considered whether Naquin was entitled to partial disability benefits. The Court of Appeal found that Naquin had "returned to his job with Uniroyal, and performed most of his old tasks, although he was physically unable to perform some, notably, turning valves, climbing vertical ladders, and drawing lines on charts." The record contains evidence indicating that employees in Naquin's position in fact performed many other duties of a physical nature which he is now unable to do. Nevertheless, the appeals court affirmed the trial court's judgment for the reason that "Naquin's loss of his job was the result of the change in ownership of the Scott's Bluff plant, not the result of his injury that he received on the job."

We rev...