An injured worker filed a disputed claim for compensation against his Employer, alleging that he was involved in a work related accident. He sought wage benefits and authorization of medical treatment, in addition to penalties and attorney fees. The injured worker filed a Motion for Summary Judgment, praying that the court find that he was an employee of Employer, and that he was injured in the course and scope of his employment. The Workers’ Compensation Judge granted the summary judgment in favor of the injured worker, and Employer appealed.
The Fifth Circuit Court of Appeal for the State of Louisiana dismissed the appeal on the grounds that the workers’ compensation judge’s ruling was not a final, appealable judgment, and that it thereby lacked the appellate jurisdiction to consider the merits of Employer’s appeal. The Court reasoned that the trial court’s judgment did not dispose of the entire litigation, and only resolved the issue of whether the injured worker was employed by Employer and was acting in the course and scope of his employment. A judgment that does not adjudicate all of the issues in a case does not constitute a final judgment unless it is designated as such. No such designation was made in the instant judgment, and therefore, the Court found that the judgment was not final, and therefore not appealable.
Dominguez v. 4M General Construction