202 So. 3d 1018
La. Ct. App.2016Background
- Decedent Serna Jr. was killed moving trailers at a Navy facility while employed by Filser Construction, Aries’ subcontractor.
- Orozco filed a disputed claim for death benefits against Filser and Aries; arguments centered on whether Decedent was an employee, partner, or independent contractor.
- OWC found no employee–employer relationship and held Decedent was a partner of Filser; judgment favored Aries.
- Trial evidence included tax returns, checks, and invoices; witnesses Orozco and Serna Sr. testified to varying roles for Decedent in Filser.
- Appellate review focused on whether Decedent was a business partner or an employee, and on remedial procedures, with remand ordered for proper employment-status determinations.
- Court reversed in part, vacated in part, and remanded for a new trial to determine Decedent’s status and eligibility for benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Decedent was a business partner of Filser. | Orozco argues Decedent shared profits and losses as a partner. | Serna Sr. asserts Decedent was Filser’s subcontractor, not a partner. | Remanded for factual re-determination on partnership status. |
| Whether Decedent qualified as an employee under the Louisiana Workers’ Compensation Act. | Claimants contend Decedent was an employee (or statutory employee) entitled to benefits. | OWC found no employee status and treated Aries as not liable; presumption of employment not properly analyzed. | Remanded for de novo determination of employment status and related benefits. |
| Properly apply the legal standard for employment status (employee vs contractor) given potential legal errors. | Record supports a right-to-control and status as employee or partner. | Lower court misapplied the presumption and factors; needed remand for correct analysis. | Remand to conduct correct legal analysis and factual assessment. |
Key Cases Cited
- Chaisson v. Cajun Bag & Supply Co., 708 So.2d 375 (La. 1998) (review standard; deference to factfinder; manifest error)
- Wegener v. Lafayette Ins. Co., 60 So.3d 1220 (La. 2011) (remand for new trial when legal error affects fact-finding)
- Ragas v. Argonaut Southwest Insurance Co., 388 So.2d 707 (La. 1980) (remand discretion; weighing witness credibility)
- Hillman v. Comm-Care, Inc., 805 So.2d 1157 (La. 2002) (control factors; independent-contractor analysis)
- DeSoto v. Tusa Bros., Inc., 273 So.2d 739 (La. App. 4 Cir. 1973) (partnership status vs. employee status in WCA)