FROM THE OFFICE OF WORKERS' COMPENSATION - # 2 PARISH OF
AVOYELLES, NO. 17-02842 JAMES L. BRADDOCK, WORKERS'
Randall C. Joy The Joy Law Firm West Causeway Approach
Mandeville, COUNSEL FOR PLAINTIFF/APPELLEE: Heather Dupuis.
Guidry, Jr. Assistant Attorney General Louisiana Department
of Justice Post Office Box, COUNSEL FOR DEFENDANT/APPELLANT:
State of Louisiana through the Avoyelles Parish Correctional
composed of John D. Saunders, Marc T. Amy, and Candyce G.
D. SAUNDERS JUDGE.
court issued, sua sponte, a rule ordering the
Defendant-Appellant, the State of Louisiana through the
Avoyelles Parish Correctional Center, to show cause, by brief
only, why the appeal in this case should not be dismissed for
having been taken from a non-appealable, interlocutory
judgment. For the reasons assigned, we hereby dismiss the
appeal, but convert the appeal into an application for
supervisory writ and consolidate this matter with the pending
writ application bearing this court's docket number
case involves a workers' compensation action which was
filed by Plaintiff, Heather Dupuis. During the course and
scope of her employment with Avoyelles Correctional Center,
Plaintiff was allegedly verbally abused and physically
threated by the warden, Nate Cain, on September 10, 2015. As
a result of that incident, Plaintiff allegedly suffered
anxiety, depression and increased blood pressure problems.
Plaintiff began treating with her primary care physician, Dr.
Lawrence Schneider, who diagnosed her with post-traumatic
stress disorder on September 19, 2016.
11, 2017, Plaintiff filed a Disputed Claim for Compensation
Form LDOL-WC 1008 in the workers' compensation court.
Defendant filed an exception of prescription asserting that
Plaintiffs claim is prescribed under La.R.S. 23:1209(A)(1)
because it was filed more than a year after the work-related
incident. In opposition to the exception of prescription,
Plaintiff argues that pursuant to La.R.S. 23:1209(A)(3), her
workers' compensation claim was timely-filed because it
was filed within one year of her initial diagnosis of a
post-traumatic stress disorder and less than three years
after the work-related incident.
a hearing held on August 21, 2017, the workers'
compensation court denied Defendant's exception of
prescription. A judgment to that effect was signed on
September 11, 2017, and the notice of judgment was mailed on
that same date. On September 13, 2017, Defendant filed a
motion for appeal, and the order of appeal was signed on that
same date. The instant appeal record was lodged in this court
on October 26, 2017.
September 11, 2017 judgment which is at issue in the instant
appeal denies an exception of prescription. Because the
judgment does not decide the merits of this case, it is
interlocutory. La. Code Civ.P. art. 1841. On November 20,
2017, Defendant filed a response to this court's rule to
show cause why the appeal should not be dismissed for having
been taken from a non-appealable, interlocutory judgment. We
note that Defendant does not dispute the fact that the
September 11, 2017 judgment is an interlocutory judgment.
Rather, Defendant moves to have this court convert the
instant appeal to an application for supervisory writ.
we note that on November 21, 2017, Defendant filed with this
court an application for supervisory writs, which was
assigned this court's docket number 17-1079. By that writ
application, Defendant seeks review of the same judgment that
is at issue in the instant appeal. Thus, although we must
dismiss the instant appeal, in the interest of justice, we
deem motion and order for appeal in this matter to be timely
request for the setting of a return date for the filing of a
writ application. Therefore, we convert the instant matter
into an application for supervisory writ and order this
matter consolidated with this court's docket number
17-1079. Additionally, we note that Plaintiff has filed an
answer to the appeal wherein she raises the sole issue of her
entitlement to attorney's fees for work performed in
connection with the appeal. However, as stated above, the
judgment at issue will be reviewed via an application for
supervisory writ, rather than via an appeal. Therefore, we
hereby defer Plaintiffs request for attorney's fees to
the merits of the writ application filed under this
court's docket number 17-1079.
foregoing reasons, the instant appeal is hereby dismissed,
converted into an application for supervisory writ, and
consolidated with this court's docket number 17-1079.
TO CONVERT APPEAL TO A WRIT GRANTED AND WRIT CONSOLIDATED
WITH DOCKET NUMBER 17-1079. PLAINTIFF'S ...