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Keywords

damagesworkers' compensationcorporationsustainedappellant
corporationsustainedappellantappellee

Related Cases

White v. Malone Properties, Inc., 494 So.2d 576

Facts

The appellant, Jeffrey Owen White, was a resident of Mississippi employed by Malone Properties, Inc., a Mississippi corporation, while working in Louisiana. He sustained an injury on June 20, 1977, during the course of his employment in Louisiana, where he was hired and exclusively worked. Despite being covered by workers' compensation insurance, no claim was made for the injury, and the time to apply for benefits under Louisiana law had expired.

Appellant was a resident citizen of the state of Mississippi; appellee Malone Properties, Inc. was a Mississippi corporation and appellee Carroll D. Malone was a resident citizen of the state of Mississippi; appellant was employed by appellees at the time of his alleged injury on or about June 20, 1977; appellant sustained the alleged injury in the course and scope of his employment; on or about June 20, 1977, appellant and his wife were living in the state of Louisiana and were working in the state of Louisiana; appellant was hired by appellees in Louisiana to work in Louisiana, worked for appellees in Louisiana exclusively and was paid by appellees in Louisiana; appellant's alleged injury was sustained in Louisiana and he was treated for the alleged injury in Louisiana; appellees had a policy of insurance issued by Fireman's Fund Insurance Company covering workmen's compensation claims with an effective period of September 1, 1976, to September 1, 1977, and various worker's compensation claims were paid under this policy to employees working in Louisiana for appellees; appellant's wife had full knowledge that appellees were covered by worker's compensation insurance, and no worker's compensation claim was ever made for appellant's alleged injury on appellees or on Fireman's Fund Insurance Company; and appellees were not domiciled in Louisiana but were doing business in Louisiana and own more than $25,000.00 in immovable property in Louisiana.

Issue

The main legal issue was whether Louisiana's workers' compensation law provided the exclusive remedy for the employee's injury, barring any common-law action for damages.

The only issue worthy of note in this case is the application of Louisiana's Worker's Compensation Act.

Rule

The court applied the principle that the rights and remedies granted under Louisiana's workers' compensation law are exclusive, and if the time to file a claim has expired, the right to pursue any action for damages is extinguished.

The rights and remedies herein granted to an employee or his dependent on account of a personal injury for which he is entitled to compensation under this Chapter shall be exclusive of all other rights and remedies of such employee, his personal representatives, dependents, or relations.

Analysis

The court analyzed the facts and determined that Louisiana had the most substantial relationship to the case, as the injury occurred there, the employment was based there, and the employee was treated there. The court concluded that since the employee did not pursue the exclusive remedy provided by Louisiana law within the required time frame, he was barred from recovering damages in Mississippi.

Since it is obvious from the facts as found by the Circuit Judge that Louisiana has the 'most substantial relationship' to the action alleged in this cause, then the laws of that state must be applied.

Conclusion

The Supreme Court affirmed the lower court's ruling, concluding that the employee's claim was barred under Louisiana's workers' compensation law due to the expiration of the time to file for benefits.

AFFIRMED.

Who won?

Malone Properties, Inc. prevailed in the case because the court upheld the exclusivity of Louisiana's workers' compensation law, which the employee failed to utilize within the statutory time limits.

The chancellor's finding in favor of the claimant was reversed and decree was entered here for the appellant.

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