After citing Maddie, the trial court asserted that Owens “failed to plead specific facts that the defendant either (1) consciously desired the physical result of his act or (2) knew that the result was substantially certain to follow from his conduct.” Based on this analysis, the trial court then found that Owens did not have a right of action to proceed in tort and his exclusive remedy is workers' compensation citing Lloyd v. Shady Lake Nursing Home, Inc., 47,025 (La.App. 2 Cir. 5/9/12), 92 So.3d 560, writ denied, 12–1318 (La.9/28/12), 98 So.3d 844 and Lloyd's citation to footnote 2 in Brewton v. Underwriters Ins. Co., 02–2852 (La.6/27/03), 848 So.2d 586 . In Lloyd, 92 So.3d 560, a widower and children brought a wrongful death action against the decedent wife's former employer, a nursing home.
As a court of general jurisdiction, the district court has jurisdiction over a claim generally related to workers' compensation unless the legislature, through some specific provision of the Workers' Compensation Act, designated the claim a workers' compensation matter or otherwise granted hearing officers (workers' compensation judges) authority to adjudicate the claim. Lloyd v. Shady Lake Nursing Home, Inc., 47,025 (La.App. 2 Cir. 5/9/12), 92 So.3d 560, 564, writ denied, 2012-1318 (La. 9/28/12), 98 So.3d 844.
Because it is a court of general jurisdiction, the 4th Judicial District Court had jurisdiction over Mr. Palowsky's underlying lawsuit in the Cork case. See , Lloyd v. Shady Lake Nursing Home, Inc. , 47,025 (La. App. 2 Cir. 5/9/12), 92 So.3d 560, 564, writ denied , 12-1318 (La. 9/28/12), 98 So.3d 844. As a Supernumerary Judge pro tempore for the 4th Judicial District Court, Judge Jones was generally empowered to discuss legal issues pending before the Court and to assist in the case-deciding process.