Labranche v. Fatty's, LLC
48 So. 3d 1270
La. Ct. App.2010Background
- Labranche injured April 23, 2009 while working at Fatty’s II on Super Stop premises; Fatty’s II was her direct employer, Super Stop claimed statutory-employer status.
- Super Stop filed an exception of no right of action, arguing no employment relationship and no workers’ compensation rights.
- WCJ granted the exception and dismissed Labranche’s claim with prejudice on January 4, 2010; Labranche appeals.
- Disputed claim references lease between Super Stop (lessor) and Fatty’s II (lessee); Labranche argues lease recognizes Super Stop as statutory employer.
- Statutory-employer analysis hinges on La. R.S. 23:1061 and whether written contracts or two-contract theory apply.
- Court ultimately affirms, holding lease creates a mere lessor/lessee relationship, not statutory employment; Labranche had no right of action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lease creates a statutory-employer relationship | Labranche argues lease recognizes Super Stop as statutory employer | Super Stop contends lease does not establish principal/contractor relationship | Lease does not create statutory employer; no right of action |
| Whether a two-contract theory supports statutory-employer status | Labranche relies on two-contract theory via lease | Super Stop argues no two-contract basis established | Not applicable; two-contract theory not satisfied by lease evidence |
| Whether a written contract recognizing the principal as statutory employer exists | Lease acknowledges control but not statutory-employer status | Lease fails to recognize Super Stop as statutory employer | Written contract recognition not shown; no statutory-immunity applies |
Key Cases Cited
- Howard v. Administrators of Tulane Educational Fund, 986 So.2d 47 (La. 2008) (no right of action and immunity standards; de novo review)
- Fleming v. JE Merit Constructors, Inc., 985 So.2d 141 (La.App. 1 Cir. 2008) (two-contract theory and statutory-employer analysis)
- Weber v. State, 635 So.2d 188 (La. 1994) (immunity statutes strictly construed)
- Red Stick Studio Development, L.L.C. v. State ex rel. Dept. of Economic Development, 37 So.3d 1029 (La.App. 1 Cir. 2010) (no right of action; proper party interest)