MARY BROWN v. WALMART INC (2024)

Claimant, Mary Brown, sought supervisory review of a ruling of the Office of Workers’ Compensation.¹ On May 5, 2023, the court of appeal rendered a disposition granting the writ in part and denying it in part.

Claimant filed a motion in the court of appeal requesting the court's decision be published.² The court of appeal denied the motion to publish the decision. Claimant now seeks review of this ruling.

The relevant statute is La. R.S. 23:1310.5(F), which 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].

When a law is clear and unambiguous, and its application does not lead to absurd consequences, the law shall be applied as written. La. Civ. Code art. 9; Succession of Brandt, 2021-01521 (La. 9/1/22), 346 So. 3d 765, 775.

There is no ambiguity in the mandatory language of La. R.S. 23:1310.5(F) when applied to the instant matter. It is undisputed that this matter originates in a workers’ compensation dispute. A “decision” is typically understood to mean a “judicial or agency determination after consideration of the facts and the law; esp., a ruling, order, or judgment pronounced by a court when considering or disposing of a case” Black's Law Dictionary (11th ed. 2019). The disposition of the court of appeal in this case, which grants partial relief to claimant, clearly qualifies as a decision. I would therefore find publication of the decision is mandated.³

FOOTNOTES

1.   The merits of this ruling are not currently before us and, therefore, will not be discussed.

2.   Claimant asserted the decision would provide “invaluable guidance” to other courts.

3.   La. R.S. 23:1310.5(F) was enacted in 2001. In 2006, the legislature enacted La. Code Civ. P. art. 2168, which provides:A. The unpublished opinions of the Supreme Court and the courts of appeal shall be posted by such courts on the Internet websites of such courts.B. Opinions posted as required in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.Considering the subsequent enactment of La. Code Civ. P. art. 2168, it could be argued the publication requirements of La. R.S 23:1310.5(F) are superfluous. However, this determination must be made by the legislature, not the courts.

GRIFFIN, J., would grant and assigns reasons.