FROM THE OFFICE OF WORKERS' COMPENSATION - # 4 PARISH OF
LAFAYETTE, NO. 01-03123 SHARON MORROW, WORKERS COMPENSATION
Michael B. Miller Miller & Associates COUNSEL FOR
PLAINTIFF-APPELLANT: Catherine Cobb
Lane Roy Brown Sims COUNSEL FOR DEFENDANT-APPELLEE: Lafayette
Parish School Board
Catherine M. Landry Mandy A. Simon Preis, PLC COUNSEL FOR
DEFENDANT-APPELLEE: Lafayette Parish School Board
composed of John D. Saunders, Van H. Kyzar, and Candyce G.
CANDYCE G. PERRET JUDGE
5, 2018, the Workers' Compensation Judge (WCJ) signed an
ex parte order granting defendant's, Lafayette Parish
School Board's (LPSB), Motion for Satisfaction of
Judgments. Plaintiff, Catherine Cobb, appeals this judgment
alleging as her sole assignment of error that the WCJ
"erred in signing the satisfaction of judgment[s]
without a hearing as required by [La.Code Civ.P.] art.
963." For the following reasons, we reverse and remand.
underlying facts of this case were discussed previously in
Cobb v. Lafayette Parish School Board,
16-990, p. 1-2 (La.App. 3 Cir. 5/17/17), 220 So.3d 825,
826-827 writ denied, 17-1481 (La. 11/13/17), 230
So.3d 209 as follows:
On May 8, 2001, Catherine Cobb filed a disputed claim for
compensation alleging she was injured in September 2000,
during the course and scope of her employment with the
Lafayette Parish School Board (LPSB). On July 20, 2005, the
parties stipulated that Ms. Cobb was entitled to temporary
total disability benefits. LPSB then terminated these
benefits on August 30, 2006. However, it did not file a
motion seeking to modify Ms. Cobb's benefits until May
On August 31, 2009, the Office of Workers' Compensation
(OWC) rendered judgment in favor of Ms. Cobb, awarding
indemnity benefits in the amount of $195.25 payable from
September 12, 2000 through May 30, 2008, as well as $3,
000.00 in penalties, which was 24% of unpaid benefits from
August 31, 2006 through May 30, 2008. Ms. Cobb was also
awarded $10, 000.00 in attorney fees, $1, 135.53 in costs,
and legal interest. No other benefits were awarded.
Ms. Cobb appealed the August 31, 2009 judgment to the extent
it failed to award her with any other benefits, and LPSB
appealed the award of penalties and attorney fees. The August
31, 2009 judgment was affirmed in all respects by this court
on November 3, 2010. Cobb v. Lafayette Parish School
Bd., 10-430 (La.App. 3 Cir. 11/3/10), 49 So.3d 597,
writ denied, 10-2692 (La. 1/28/11), 56 So.3d 958.
On July 7, 2010, Ms. Cobb filed a motion seeking additional
penalties and attorney fees for LPSB's failure to pay the
August 31, 2009 judgment. The workers' compensation judge
granted Ms. Cobb's motion and awarded her $3, 000 in
penalties and $2, 500 in attorney fees pursuant to a judgment
dated March 27, 2012.
Ms. Cobb filed another motion seeking penalties and attorney
fees on October 12, 2012, alleging LPSB failed to pay the
March 27, 2012 judgment. She then filed an amended motion on
December 14, 2012, additionally alleging that LPSB failed to
pay certain medical bills incurred by Ms. Cobb, and
therefore, that she was entitled to ...