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Keywords

attorneyappealworkers' compensationsustained
attorneyappealworkers' compensation

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Hoffman v. New Orleans Saints, 56 So.3d 446, 10-391 (La.App. 5 Cir. 1/25/11)

Facts

August Hoffman, a professional football player for the New Orleans Saints, sustained an ankle injury during practice on May 25, 2006. Following the injury, he was placed on injured reserve and filed a claim for workers' compensation benefits, asserting an average annual wage of $275,000. The workers' compensation court determined his average weekly wage to be $440 based on his workout pay. Hoffman appealed the decision, contesting the wage calculation and the denial of penalties and attorney fees.

August Hoffman, claimant, was a professional football player for the New Orleans Saints. He was first signed as a player with the Saints in 2004. On May 25, 2006, Hoffman injured his ankle during practice.

Issue

Did the workers' compensation court correctly calculate Hoffman's average weekly wage and deny him supplemental earnings benefits, penalties, and attorney fees?

In this workers' compensation case, claimant, August Hoffman, appeals the judgment of the workers' compensation court setting his average weekly wage at $440.00 for the calculation of supplemental earnings benefits from May 25, 2006 through April 30, 2009.

Rule

The average weekly wage shall be based on the amount actually earned at the time of the injury.

Analysis

The court found that Hoffman's actual earnings at the time of his injury were $440 per week, which was correctly used to calculate his average weekly wage. The court also determined that he was entitled to supplemental earnings benefits from the date of injury until he began earning more than 90% of his average monthly wage. The employer's failure to pay benefits, despite knowing Hoffman was entitled to them, warranted penalties and attorney fees.

Since Hoffman's actual earnings were $440.00 per week at the time of the injury, we find the workers' compensation court correctly found this amount to be his average weekly wage for the calculation of workers' compensation benefits.

Conclusion

The appellate court affirmed the workers' compensation court's judgment, amending it to award Hoffman $2,000 in penalties and attorney fees due to the employer's failure to pay benefits.

We amend the workers' compensation court's judgment to award Hoffman $2,000.00 in attorneys' fees and penalties and we affirm the judgment, as amended.

Who won?

August Hoffman prevailed in his appeal against the New Orleans Saints. The court found that the workers' compensation court had erred in denying him penalties and attorney fees for the employer's failure to pay benefits. The appellate court recognized that the Saints were aware of Hoffman's entitlement to benefits but failed to provide them, thus justifying the award of penalties and fees.

We disagree with the workers' compensation court and we find the Saints were arbitrary and capricious in failing to pay benefits to Hoffman and find he is entitled to $2,000.00 for penalties and attorneys' fees.

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