Recent Development by Christopher D. Baucom
While working as a “greeter” for Wal-Mart, Parthena Keel was injured when she was struck by a forklift. Mrs. Keel underwent surgery and began to receive workers' compensation benefits for temporary total disability. After two years of paying workers' compensation, Wal-Mart filed suit to receive credit for the old-age social security benefits received by Mrs. Keel. The Office of Workers' Compensation (OWC) approved a retroactive credit for Wal-Mart to be applied against Mrs. Keel's weekly workers' compensation benefits and reduced Wal-Mart's future obligation to Mrs. Keel for workers' compensation payments once the credit was exhausted.
Mrs. Keel appealed the OWC decision, and the Louisiana Second Circuit Court of Appeal reversed stating that the Social Security benefits and workers' compensation benefits were not duplicative benefits. Wal-Mart's application for supervisory writs was granted by the Louisiana Supreme Court, but after oral argument the court remanded the case to the OWC to be heard in light of a decision just rendered by the Louisiana Supreme Court with instructions that, should Mrs. Keel challenge the constitutionality of section 23:1225(C)(1)(b), the case should then be transferred to the appropriate Louisiana district court.
On remand to the OWC, the case was transferred to the Louisiana Sixth Judicial District Court to allow Mrs. Keel to challenge the constitutionality of section 23:1225(C)(1)(b). The district court held the statute unconstitutional, finding that there was no distinction between the instant case and Pierce. In affirming the district court, the Louisiana Supreme Court held that the section 23:1225(C)(1)(b) reduction in workers' compensation benefits paid to an injured employee who receives old-age Social Security benefits under Title II of the Social Security Act “unconstitutionally denies employees over age 65 equal protection of the laws under article I, § 3 of the Louisiana Constitution.” Wal-Mart Stores, Inc. v. Keel, 817 So. 2d 1, 10 (La. 2002).
About the Author
Christopher D. Baucom.
Citation
77 Tul. L. Rev. 1119 (2003)