MARY BROWN v. WALMART INC (2024)

Research indicates there are no reported decisions addressing La. R.S. 23:1310.5(F).¹ It is unclear whether the statute's reference to “decisions” is limited to opinions rendered after full appeal or extends to summary dispositions such as the writ grant in the instant case.

Louisiana Unif. R. Ct. App. 2-16.3 draws a distinction between opinions and summary dispositions. In the case of formal opinions, the rule requires the opinion to be published unless the court determines otherwise, while summary dispositions are not published unless the court specifically provides otherwise:

(1) A formal opinion of a Court of Appeal shall be designated for publication unless a majority of the panel determines otherwise.

(2) A memorandum opinion or a summary disposition of a Court of Appeal shall not be designated for publication except by majority vote of the panel.

(3) The panel shall reconsider its decision not to publish an opinion upon the request of the trial judge or a party, provided that the request and reasons therefor are made in writing within the delays for rehearing following the rendition of the opinion. [Emphasis added.]

This distinction is useful in interpreting the term “decision” in La. R.S. 23:1310.5(F), and it is logical to interpret that term to refer to full opinions. Otherwise, the courts of appeal would be placed in the absurd position of publishing writ denials in workers’ compensation cases, despite the lack of any precedential value in such dispositions.²

Furthermore, the court's failure to order publication of the disposition does not cause claimant any harm. Louisiana C.C.P. art. 2168 specifically provides for the posting of unpublished opinions on the websites of the courts and allows such opinions to be cited as authority:

A. The unpublished opinions of the supreme court and the courts of appeal shall be posted by such courts on the Internet websites of such courts.

B. Opinions posted as required in this Article may be cited as authority and, if cited, shall be cited by use of the case name and number assigned by the posting court.

It has been verified that the disposition in the instant case is posted in PDF format on the official website of the Court of Appeal, Fifth Circuit. Additionally, the disposition is posted on Westlaw. Brown v. Walmart, Inc., 23-201 (La.App. 5 Cir. 5/5/23), 2023 WL 3263482. Under these circumstances, the disposition is fully available to other litigants and may be cited as authority in future cases pursuant to La. C.C.P. art. 2168(B).

Based on this reasoning, I see no need for this court to exercise its supervisory jurisdiction.

FOOTNOTES

1.   La. R.S. 23:1310.5(F) provides:F. All workers’ compensation decisions of the circuit courts of appeal shall be published opinions. The published opinions in any reporter shall identify the office of workers’ compensation district from which the appeal was taken and the identity of the workers’ compensation judge who rendered the judgment or award that is the subject of appeal. [Emphasis added.]

2.   La. C.C. art. 9 provides:When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature.

WEIMER, C.J., concurring.