Opinion
No. 98-452.
October 14, 1998.
On appeal from the Office of Workers' Compensation, District 2 [No. 97-3391], State of Louisiana; Workers' Compensation Judge Aimee Lirette Johnson, presiding.
Robert L. Bussey, Alexandria, Janice Bertucci Unland, Houma, Mary Lauve Doggett, Alexandria, John Joseph Rabalais, Covington, for Lexington House.
Mark Alan Watson, Alexandria, for Kimberly Gleason.
Before THIBODEAUX, COOKS and WOODARD, JJ.
The workers' compensation judge erred in holding that the Office of Workers' Compensation lacked subject matter jurisdiction to impose sanctions for misrepresentation regarding entitlement to benefits under La.R.S. 23:1208, and pursuant to Grant v. Natchitoches Manor Nursing Home, 96-1546 (La.App. 3 Cir. 5/14/97), 696 So.2d 73. See Derouen v. C D Prod. Specialist, 98-57 (La.App. 3 Cir. 6/3/98), 718 So.2d 460. REVERSED.
While the decision in the case sub judice may appear to be inconsistent with Judge Woodard's position in Menard v. Mama's Fried Chicken, 97-488 (La.App. 3 Cir. 3/16/98), 709 So.2d 303, writ denied, 98-956 (La.6/5/98), 720 So.2d 681, because she dissented in that opinion, her dissent was for reasons unrelated to Menard's holding regarding regarding La.R.S. 23:1208.