Mona Leblanc v. Walmart Stores, Inc. And Claims Management, Inc.

Supreme Court of Louisiana
February 05, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MONA LEBLANC
VS.
WALMART STORES, INC. AND CLAIMS
MANAGEMENT, INC.
No. 2024-C-01212
_ _
_ _ _ _
I
N RE: Walmart Stores, Inc. - Applicant Defendant; Walmart Stores, Inc. a/k/a
Walmart - Applicant Defendant; Applying For Writ Of Certiorari , Office of
Workers' Compensation, District 4 Number(s) 10-11529 c/w 13 -05970, Court of
Appeal, Third Circuit, Number(s) 23-725 c/w 23-724;
_ _ _ _ _ _
February 05, 2025
Writ application granted. See per curiam.
Weimer, C.J., dissents and would grant and docket.
Crain, J., dissents and assigns reasons.
JBM
JDH
JTK
PDG
JMG
02/05/2025 "See News Release 003 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No.
2024-C-01212
M
ONA LEBLANC
VS.
WALMART STORES, INC. AND CLAIMS MANAGEMENT, INC.
On W
rit of Certiorari to the Court of Appeal, Third Circuit, Office of Workers'
Compensation, District 4
P
ER CURIAM
G
ranted. The court of appeal did not err in finding the ruling of the
Office of Workers’ Compensation which excluded claimant’s testimony was a
consequential error which interdicted the fact -finding process. However,
because claimant’s testimony will require a determination of her credibility,
the court of appeal erred in reviewing the record on a de novo basis rather than
remanding for a new trial. See Landry v. Bellanger, 2002-1443 (La. 5/20/03),
851 So. 2d 943, 954 (“[w]here a view of the witnesses is essential to a fair
resolution of conflicting evidence, the case should be remanded for a new
trial.”).
Accordingly, the judgment of the court of appeal is vacated and set aside.
The case is remanded to the Office of Workers’ Compensation for a new trial.
02/05/25