APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION, DISTRICT 4, PARISH OF EVANGELINE, NO. 13-01121. ADAM JOHNSON, WORKERS' COMPENSATION JUDGE.
Michael B. Miller, Jacqueline B. Manecke, Attorneys at Law, Crowley, Louisiana, COUNSEL FOR PLAINTIFF/APPELLANT: Patsy Sylvester Barbier.
Leslie E. Hodge, Lindsay F. Louapre, Brown Sims, P.C., New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE: Kraft Foods.
Court composed of Ulysses Gene Thibodeaux, Chief Judge, James T. Genovese, and David Kent Savoie, Judges.
[14-872 La.App. 3 Cir. 1]
In this workers' compensation case, Claimant, Patsy Sylvester Barbier, appeals the judgment of the Office of Workers' Compensation (OWC) finding her average weekly wage (AWW) to be $911.55. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
Ms. Barbier sustained a work related injury during the course and scope of her employment as a sales representative with Kraft Foods (Kraft) on February 13, 2012. On February 7, 2013, she filed a Form 1008/Disputed Claim for Compensation with the OWC, wherein she listed several bona fide issues in dispute. The parties entered into stipulations relative to all issues except the amount of Ms. Barbier's AWW and the amount of attorney fees to which she was entitled.
Following a trial on the merits on November 25, 1213, the workers' compensation judge (WCJ) ruled that Ms. Barbier was a salaried employee who was paid bonuses and that the correct corresponding calculation of her AWW was $911.55. The WCJ also awarded Ms. Barbier $10,000.00 in attorney fees. A judgment in accordance therewith was signed March 5, 2014. Ms. Barbier appeals only the WCJ's calculation of her AWW.
ASSIGNMENT OF ERROR
In her sole assignment of error, Ms. Barbier contends that the WCJ erred in the calculation of her AWW. She contends that in making the AWW calculation, the WCJ erroneously: (1) considered her to be a salaried employee; (2) disregarded the amount that she should have actually been paid pursuant to the Fair Labor [14-872 La.App. 3 Cir. 2] Standards Act; and, (3) omitted a $500.50 non-monetary payment from the calculation.
LAW AND DISCUSSION
In reaching its conclusion as to the calculation of Ms. Barbier's AWW, the WCJ considered Ms. Barbier's wage records and a document entitled Kraft Salary Plus Breakout Training Session, which were introduced into evidence. Based upon these exhibits, the WCJ concluded that " Ms. Barbier was a salaried employee and [that] she received bonuses." Based upon this determination, the WCJ computed her AWW to be $911.55. As set ...