4 In conjunction with their intervention, an amended judgment was rendered against Degruise and Federated-UM and in favor of SLECA and Federated-WC for the stipulated amount of workers' compensation indemnity and medical benefits paid to Degruise, $58,902.59. 22:658, for Federated-UM's failure to tender funds. Degruise was also awarded $120,200 in penalties and $120,200 in attorney fees pursuant to LSA-R.S. 3 Accordingly, Federated occupied a dual role in Degruise's tort action: it was SLECA's workers' compensation insurer (Federated-WC), as well as SLECA's UM insurer (Federated-UM).ĭegruise's tort suit resulted in a jury verdict and corresponding judgment against Federated-UM for $1,202,000. 2 SLECA and Federated, in its capacity as SLECA's workers' compensation insurer, intervened seeking reimbursement for amounts previously paid to Degruise in workers' compensation benefits and a declaration of a future credit pursuant to LSA-R.S. Subsequently, Degruise filed suit against Scott and Federated, but only in its capacity as SLECA's uninsured motorist (UM) insurer. Because Degruise sustained an injury while in the course and scope of his employment, SLECA's workers' compensation insurer, Federated Rural Electric Insurance Corporation (Federated), was called on to pay workers' compensation indemnity and medical benefits to Degruise. As a result of that accident, Degruise suffered the aggravation of a pre-existing but dormant seizure disorder, which became disabling after the accident. At the time of the accident, Degruise was occupying a vehicle owned by his employer, South Louisiana Electric Cooperative Association (SLECA), while in the course and scope of his employment. On December 18, 1990, plaintiff, Floyd Degruise (Degruise) was rear-ended by a vehicle driven by Diane B. 23:1103(A)(1) credit to which an employer is entitled against its future workers' compensation obligation to an employee who recovered damages in a tort suit against a third person.įactual Background and Procedural History This appeal involves the determination of the LSA-R.S. Diaz, Jr., Gibson-Gruenert, L.L.P., Lafayette, for Intervenor/Appellant Federated Rural Electric Insurance Corporation. Degruise and Della Chiasson Degruise, individually and on behalf of their children, Trent Degruise and Trevor Degruise. Barnes, Houma, for Plaintiffs/Appellees Floyd F. Decided: March 28, 2002īefore: PARRO, FITZSIMMONS, GUIDRY, PETTIGREW, and KLINE, 1 JJ. Scott, American National Agents Insurance Company, Federated Rural Electric Insurance Corporation and Louisiana Farm Bureau Mutual Insurance Company No. 2000 CA 0229. HOUMA COURIER NEWSPAPER CORPORATION, a New York Times Company, ABC Insurance Company, Diane B. DEGRUISE and Della Chiasson Degruise, Individually and on Behalf of Their Children, Trent Degruise and Trevor Degruise v. Court of Appeal of Louisiana,First Circuit.įloyd F.
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