Police Officer’s Appeal For PTD Benefits Dismissed for Lack of Jurisdiction

In January 2013, a Bogalusa police officer was injured in the course of his employment when his gun got caught on the steering wheel of his squad car when he was exiting the vehicle.  The police officer received workers’ compensation indemnity and medical benefits.

However, in March 2015, the police officer filed a disputed claim for compensation, alleging the he was permanently and totally disabled and requesting statutory penalties and attorney’s fees.  The City of Bogalusa filed a motion for partial summary judgment, seeking a determination that the police officer was not permanently and totally disabled or that it was liable for penalties and attorney’s fees.  Following hearing, the workers’ compensation judge granted the city’s MSJ on permanent and total disability, but noting that other aspects of the police officer’s claim would proceed.

On appeal, before reaching the merits of the claim, the First Circuit reviewed the appeal for subject matter jurisdiction.  The appellate court held that the grating of the motion for summary judgment as to permanent and total disability was not a final judgment pursuant to Louisiana Code of Civil Procedure article 1915(B).  Thus, the matter was dismissed for lack of appellate jurisdiction.

Stewart v. City of Bogalusa