Lafayette City-Parish Consolidated Government v. Walmart Distribution Center

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

23-725 c/w 23-724

LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT

VERSUS

WALMART DISTRIBUTION CENTER AND CLAIMS MANAGEMENT,
INC.

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APPEAL FROM THE
OFFICE OF WORKERS’ COMPENSATION #4
PARISH OF LAFAYETTE, No. 13-05970 c/w 10-11529
ANTHONY PALERMO, WORKERS’ COMPENSATION JUDGE

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JONATHAN W. PERRY
JUDGE

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Court composed of Shannon J. Gremillion, Jonathan W. Perry, and Sharon Darville
Wilson, Judges.

AFFIRMED IN PART; REVERSED IN PART;
REMANDED WITH INSTRUCTIONS;
JUDGMENT RENDERED.

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Keith J. Landry
Parker & Landry
201 Johnson Street, Suite 200
Alexandria, Louisiana 71301
(337) 362-2600
COUNSEL FOR DEFENDANT/APPELLEE:
Walmart Stores, Inc.

Jacqueline K. Becker
Galloway Jefcoat, L.L.P.
P.O. Box 61550
Lafayette, Louisiana 70596-1550
(337) 984-8020
COUNSEL FOR CLAIMANT/APPELLANT:
Mona LeBlanc

PERRY, Judge.

For the reasons assigned in Mona LeBlanc v. Walmart Stores, Inc. and Claims

Management, Inc., 23-724 (La.App. 3 Cir. 9/__/24), ____ So.3d ____, handed down

this day, the following judgment is provided in this consolidated matter:

IT IS ORDERED, ADJUDGED, AND DECREED that the judgment of the

Workers’ Compensation judge which found that Mona LeBlanc’s stiff person

syndrome was not related to the work accident of November 2, 2010, is reversed and

set aside.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the

judgment of the Workers’ Compensation Judge which found Mona LeBlanc capable

of engaging in gainful employment in a sedentary capacity and which granted

Walmart Stores, Inc.’s motion to modify judgment is reversed and set aside.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that those

portions of the Workers’ Compensation Judge’s judgment which denied penalties

and attorney fees are affirmed in all respects but one, namely, the untimely payment

to Dr. Michael E. Heard of outstanding medical payments after our judgment of

November 14, 2015, became final.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that for its

untimely payment of the outstanding medical billings due to Dr. Michael E. Heard

after our judgment of November 14, 2015, became final, Walmart Stores, Inc. is

required to pay Mona LeBlanc a penalty of $3,000.00 and an attorney fee of

$5,000.00, together with legal interest on the penalty and attorney fee award from

the date of judgment.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that for

legal work done by counsel for Mona LeBlanc on this appeal, we award her an

attorney fee of $5,000.00.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this

matter is remanded to the Workers’ Compensation Judge to address Mona LeBlanc’s

motion to modify the judgment of February 19, 2015, to increase her disability from

temporary and total disability to permanent and total disability. In doing so, the

Workers’ Compensation Judge is to entertain updated information on Mona

LeBlanc’s physical limitations, as well as her medical condition since the time of

her last hearing in the trial court. Furthermore, the Workers’ Compensation Judge

is instructed to consider Mona LeBlanc’s request for the payment of Dr. Michael E.

Heard’s medical billings, determine those sums and other like charges from his

office that have occurred subsequently, address whether Dr. Michael E. Heard’s

treatment as reflected in those medical billings was reasonable and necessary, and

make an award accordingly. On remand, the Workers’ Compensation Judge is

further instructed to determine Mona LeBlanc’s counsel’s request for attorney fees

for the recovery of benefits sought at the trial level.

The costs of this appeal are assessed one-half to Walmart Stores, Inc. and one-

half to Mona LeBlanc.

AFFIRMED IN PART; REVERSED IN PART; REMANDED WITH
INSTRUCTIONS; JUDGMENT RENDERED.

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