Opinion
55,236-WCA
08-01-2023
BRAD NICHOLAUS MENDOZA v. AAA GULF SOUTH SERVICE COMPANY, LLC
THOMAS, SOILEAU, ET AL. Steven Eric Soileau Alexandra Morgan Harlow Counsel for: AAA Gulf South Service Company, LLC DOMENGEAUX, WRIGHT, ROY, ET AL. Remy A.M. Jardell Counsel for: Brad Nicholaus Mendoza
FILED: 03/30/23
On application of AAA Gulf South Service Company, LLC for SUPERVISORY WRIT in No. 19-03699 on the docket of the Office of Workers Compensation, 1st District West, Parish of CADDO, Judge Meagan Elyse Shadinger, ad hoc.
THOMAS, SOILEAU, ET AL. Steven Eric Soileau Alexandra Morgan Harlow Counsel for: AAA Gulf South Service Company, LLC
DOMENGEAUX, WRIGHT, ROY, ET AL. Remy A.M. Jardell Counsel for: Brad Nicholaus Mendoza
Before PITMAN, COX, and HUNTER, JJ.
WRIT DENIED.
The applicant, AAA Gulf South Service, L.L.C. ("AAA Gulf South"), seeks supervisory review of the September 15, 2022 "Judgment" by the Office of Workers' Compensation ("OWC") denying AAA Gulf South's "Motion for Reconsideration of Motion for Summary Judgment, and Alternatively, Motion to Amend and Correct Judgment."
AAA Gulf South's motion challenged the portion of the OWC's August 2, 2022 "Judgment" that denied AAA Gulf South's request to dismiss Brad Mendoza's entire 1008 Disputed Claim for Compensation on summary judgment and the OWC's reasons for denying the dismissal.
AAA Gulf South failed to timely seek supervisory review of the August 2, 2022 Judgment denying the request for dismissal as required by U.R.C.A. 4-3. Neither the filing of the motion for reconsideration nor the September 15, 2022 Judgment denying reconsideration extended the time delays to seek supervisory review of the OWC's August 2, 2022 Judgment denying the dismissal. Supervisory review of the denial of the request for dismissal and the OWC's reasons for denying the dismissal remain precluded. On the showing made, the writ is denied.