FROM THE OFFICE OF WORKERS' COMPENSATION - # 2 PARISH OF
RAPIDES, NO. 14-04296 JAMES L. BRADDOCK, WORKERS'
Arthur Flournoy Flournoy, Doggett & Losavio P. O. COUNSEL
FOR CLAIMANT/APPELLANT: Mary Ortega.
Gregory John Laborde, Daigle Rayburn, LLC, COUNSEL FOR
DEFENDANTS/APPELLEES: Liberty Mutual Insurance Company Cantu
composed of Marc T. Amy, Van H. Kyzar, and Candyce G. Perret,
CANDYCE G. PERRET JUDGE.
Ortega appeals the judgment of the Office of Workers'
Compensation denying her Motion to Enforce Settlement and for
penalties and attorney fees after concluding the settlement
was conditioned on CMS approval of a Medicare Set-Aside
AND PROCEDURAL HISTORY
workers' compensation case arises out of a work injury
that Claimant-Appellant, Mary Ortega ("Ms.
Ortega"), sustained while she was employed by Cantu
Services, Inc. ("Cantu"). Ms. Ortega filed a
Disputed Claim for Compensation on June 27, 2014. The parties
reached a settlement agreement in 2016, which was judicially
approved and recited in open court on September 1, 2016. The
agreement was explained on the record by counsel for Cantu
and its insurer, Liberty Mutual Insurance Company, as
Mr. Laborde: Your Honor, we've agreed to compromise all
claims asserted by Ms. Ortega in each docket number for the
total sum of $120, 000.
We will file with CMS [Centers for Medicare and Medicaid
Services] approval for a Medicare set-aside agreement [MSA]
in the amount of $56, 049. The balance that would then be
paid in benefits is $63, 951.
Now, the proviso is if CMS does not approve the requested
amount, but alters it in any way, we will fund the MSA as
directed by CMS and then adjust the amount to be paid in
benefits accordingly, so that the total of the settlement
still amounts to $120, 000. And we will continue to pay
benefits until we get the CMS approval and the funds tendered
Mr. Flournoy [counsel for Ms. Ortega]: . . . .
Yeah, that's right.
Judge Braddock: And you understand the nature of this