James Bowie v. Knight Transportation, Inc. and Sedgwick

STATE OF LOUISIANA

JAMES BOWIE NO. 2025 CW 0653

VERSUS

KNIGHT TRANSPORTATION, INC OCTOBER 23, 2025

In Re: Knight Transportation, Inc. and Sedgwick, for
applying
supervisory writs, Office of Workers' Compensation,
District 6, No. 24- 02798.

BEFORE: McCLENDON, C. J., LANIER, GREENE, STROMBERG AND FIELDS, JJ.

WRIT GRANTED. The Office of Workers' Compensation' s February
18, 2025 judgment which overruled Defendants', Knight
Transportation, Inc. and Sedgwick, Exception of Lack of Subject
Matter Jurisdiction is reversed. The determination as to whether a
claimant was working under a contract of hire made in Louisiana,
pursuant to La. R. S. 23: 1035. 1, is a factual one. Jackson v. Royal
T Energy, LLC, 50, 645 ( La. App. 2d Cir. 6/ 22/ 16) , 197 So. 3d 706,
709, writ denied, 2016- 1383 ( La. 11/ 7/ 16), 209 So. 3d 99. The facts
relevant to this inquiry are undisputed that plaintiff, James Bowie,
travelled to Mississippi to complete pre- employment paperwork, drug
testing, and a driving test, etc.; was dispatched to multiple states,
including Louisiana, from Mississippi; and the conditional offer
stated he was not hired the
officially until pre- employment
conditions had been met. These facts show that a contract of hire
was not made in Louisiana under La. R. S. 23: 1035. 1. Therefore,
Defendants' Exception of Lack of Subject Matter Jurisdiction is
granted and plaintiff' s claims are dismissed without prejudice.

WIL
HG
TPS
WEF

McClendon, C. J.,
dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT