APPEAL FROM THE 19th JUDICIAL DISTRICT COURT EAST BATON ROUGE
PARISH, LOUISIANA DOCKET NUMBER 651, 033, DIVISION
“D” HONORABLE JANICE CLARK, JUDGE
Landry Attorney General Karl L. Scott Shane Veade Claudia I.
Rush Baton Rouge, Louisiana Attorneys for Defendant/
Appellant Louisiana Workers' Compensation Second Injury
-Michael Fryday Baton Rouge, Louisiana Attorney for
Plaintiff/ Appellee Louisiana Workers' Compensation
BEFORE: MCDONALD, THERIOT, and CHUTZ, JJ.
appeal, the Louisiana Workers' Compensation Second Injury
Board (Board) challenges a judgment ordering it to grant the
Louisiana Workers' Compensation Corporation (LWCC)
authority to settle an injured employee's workers'
compensation claim in a certain monetary amount. We affirm.
AND PROCEDURAL HISTORY
1999, Andre F. Baudoin suffered a work-related injury while
employed by Canterbury Associates. LWCC, Canterbury's
workers' compensation insurer, began paying benefits to
Mr. Baudoin. In 2000, LWCC filed a claim with the Board for
reimbursement of benefits it had paid and would pay to Mr.
Baudoin. In 2001, the Board approved LWCC's claim and
specifically notified LWCC that, in the event of a future
settlement of Mr. Baudoin's claim, the Board reserved the
right to reimburse LWCC "on a lump sum, quarterly[, ] or
semi-annual basis ..., "
2016, LWCC requested that the Board approve a proposed lump
sum settlement to Mr. Baudoin in the amount of $256, 663.90.
After reviewing LWCC's request, the Board refused to
approve the settlement, stating the file material LWCC
submitted did not support its request. The Board informed
LWCC that it would pay the claim as an "ongoing
claim." LWCC then filed a petition in the
19th Judicial District Court appealing the
Board's denial of its lump sum settlement. The Board
answered the appeal, the matter was set for trial, and the
parties filed briefs with the district court.
trial was held on June 13, 2017, at which time the district
court took the matter under advisement. On February 19, 2019,
the district court issued the following "ruling":
The Court has previously reviewed the documentary evidence
introduced in this matter together with the argument of
counsel and the law there unto. After careful review, the
court is of the opinion that plaintiff provided by defendant,
LWCC, in support of its settlement authority request was
sufficient and preponderates in its favor, [sic] The
defendant's denial without any specific explanation or
reason was unreasonable. Accordingly, the court hereby grants
judgment as prayed for by petitioner in the amount of $256,
663.90. Judgment to be signed accordingly upon presentation
after filing with the clerk and circulation among counsel.
On April 9, 2019, the district court signed a judgment
IT IS ORDERED, ADJUDGED, AND DECREED that
the [Board] shall grant settlement authority to [LWCC] in the
amount of [$256, 663.90] concerning the Second Injury Fund
accepted workers' compensation claim of Andre F. Baudoin
resulting from his work-related accident which occurred on
... July 9, 1999 ... .
Board appeals the judgment, claiming the district court erred
in finding that: (1) LWCC had settlement authority, and (2)
LWCC could demand that the Board ...