Appealed from the Office of Workers' Compensation, District 1-W, Parish of Caddo, Louisiana. Docket No. 14-04715. Patrick Fox Robinson, Workers' Compensation Judge.
RUTH J. TOLIVER, In Proper Person Appellant.
BREITHAUPT, DUNN, DUBOS, SHAFTO & WOLLESON, LLC, By: Michael Lee DuBos, K. Lamar Walters, III, Russell Alan Woodard; CATHARINE OHLSSON GRACIA SANDRA DIGGS-MILLER, Counsel for Appellee.
Before DREW, MOORE and PITMAN, JJ.
[49,954 La.App. 2 Cir. 1]
In this workers' compensation action, Ruth Toliver appeals a judgment sustaining the exception of res judicata filed by Entergy Services, Inc (" ESI" ).
While working for ESI on September 27, 1993, Toliver slipped from a three-foot high stepladder and fell to the floor, causing her to sustain injuries to her neck and left shoulder. She began receiving workers' compensation benefits, which were terminated around 2011. Toliver then filed a disputed claim for benefits with the Office of Workers' Compensation (" OWC" ) on January 24, 2011.
In May of 2012, the parties reached a settlement agreement under which ESI
agreed to pay Toliver the sum of $58,909.93 in addition to all compensation benefits that had been paid up to that date, as well as any of the related medical expenses incurred up to the date of the approval of the settlement. ESI had paid $397,763.75 in workers' compensation benefits to Toliver, and $43,909.93 was allocated from the settlement for a Medicare set-aside for her future medical expenses. The WCJ issued an order approving the settlement agreement and relinquishing ESI from further liability for any claims resulting from the September 27, 1993 accident.
On July 2, 2014, Toliver proceeded pro se and filed the instant claim for benefits in OWC District 1W. She alleged the same work-related accident that was the subject of the settled claim, and that she had sustained injuries to her head, shoulder, and back in the accident. ESI raised the [49,954 La.App. 2 Cir. 2] exception of res judicata, contending that the May 3, 2012, order of approval and dismissal precluded Toliver from ...