Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hunter v. Rapides Parish Sch. Bd.

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

ELIZA HUNTER
v.
RAPIDES PARISH SCHOOL BOARD

APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION, DISTRICT 2, PARISH OF RAPIDES, NO. 13-07934. JAMES L. BRADDOCK, WORKERS' COMPENSATION JUDGE.

Stacy Christopher Auzenne, Auzenne Law Firm, Alexandria, Louisiana, Counsel for Defendants/Appellees: Rapides Parish School Board, Claims Administrative Services.

Eliza Hunter, In Proper Person, Alexandria, Louisiana, In Proper Person: Plaintiff/Appellant.

Court composed of J. David Painter, James T. Genovese, and Phyllis M. Keaty, Judges.

OPINION

Page 639

[14-490 La.App. 3 Cir. 1] KEATY, Judge.

In this workers' compensation case, the claimant, Eliza Hunter, in proper person, appeals a judgment rendered by the workers' compensation judge (WCJ). We affirm.

FACTS AND PROCEDURAL HISTORY

Eliza Hunter allegedly injured her low back on March 20, 2001, when she missed a step and fell at the school where she worked. She later filed a workers' compensation suit against her employer, the Rapides Parish School Board (RPSB), and Claims Administrative Services (CAS), RPSB's third-party administrator. In October of 2010, Ms. Hunter and the RPSB agreed to settle the matter in return for the RPSB establishing a Medicare Set-Aside Account (MSA) valued at $79,937.77 on Ms. Hunter's behalf and paying Ms. Hunter the lump sum of $19,000.00. The parties then presented the WCJ with a Joint Petition and Compromise Settlement Agreement. According to the agreement, the RPSB had previously paid Ms. Hunter indemnity benefits totaling $63,786.80 and medical benefits totaling $80,792.54. The WCJ signed an order approving the agreement on October 12, 2010. The RPSB submitted the proposed MSA to the Centers for Medicare Services (CMS) for approval. CMS rejected the proposed MSA, instead requiring that the MSA be valued at $94,265.00. The RPSB opted to pay Ms. Hunter's medical expenses as they accrued rather than fund the $94,265.00 MSA, and the attorney for the RPSB sent a certified letter to Ms. Hunter notifying her of its decision.

On November 6, 2013, Ms. Hunter filed a Form 1008 Disputed Claim for Compensation against the RPSB and CAS seeking to force them to establish the $94,265.00 MSA proposed by CMS. The RPSB and CAS responded by filing an [14-490 La.App. 3 Cir. 2] exception of no cause of action and/or no right of action.[1] After a hearing, the WCJ granted the exception and dismissed Ms. Hunter's 1008 by judgment dated February 3, 2014. She timely filed a " REQUEST FOR APPEAL" of the judgment " rendered [on] January 27, 2014 OF NO CAUSE of action and/or NO RIGHT of action."

On June 23, 2014, Ms. Hunter filed a pleading with this court entitled " BRIEF

Page 640

REQUESTING AN ORDER TO ENFORCE JUDGMENT." Therein, she seeks to have this court enforce the order signed by the WCJ on October 12, 2010, approving the Joint Petition and Compromise Settlement Agreement entered into by Ms. Hunter, the RPSB, and CAS. In her brief, Ms. Hunter fails to assign any error in either the October 12, 2010 order or the February 3, 2014 judgment. Instead, she reviews the procedural history of this matter and alleges that CAS " ceased paying [her] medical expenses" in 2009. She then alleges that CAS denied her request to authorize one of its approved pharmacies ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.