Dunning v. State Department of Transportation, 76 So. 3d 1212, (1st Cir. 2011)
Sep 20, 2011OUTCOME: Writ denied in favor of client, plaintiff. Client/plaintiff could proceed as Jones Act Seaman. Thus, leading to a settlement in due course.
On behalf of client, state employee, Claitor brought action against Department of Transportation and Development seeking relief under the Jones Act and general maritime law for injuries allegedly susta ... ined as a deckhand and/or crew member for the Department. The 19th Judicial District Court, Parish of East Baton Rouge, No. 537,208, Todd Hernandez, J., denied Department's peremptory exception raising the objection of no cause of action. Department sought supervisory writ. The Louisiana Supreme Court in Fulmer v. State, Dept. of Wildlife and Fisheries, 2010–2779 (La.7/1/11), 68 So.3d 499 found that nothing in the plain language of the LWCA indicates the legislature's intent to limit the State's liability to suits under the Jones Act brought by a State employee. The court found that La. R.S. 23:1035.2 specifically excludes from compensation coverage “any employee” who is covered by the Jones Act. Fulmer, 2010–2779 at 8, 68 So.3d 499. Louisiana Revised Statute 23:1035.2 states, “No compensation shall be payable in respect to the disability or death of any employee covered by the Federal Employer's Liability Act, the Longshoremen's and Harbor Worker's Compensation Act, or any of its extensions, or the Jones Act.”
