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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 14 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 2nd day of March, 2005 , are as follows: BY KIMBALL, J .: 2004-C -0100

RONALD K. TRAHAN v. COCA COLA BOTTLING COMPANY UNITED, INC. (Office of Workers' Compensation District 3) For the reasons stated herein, the judgments of the Office of Workers' Compensation and the court of appeal are affirmed. AFFIRMED. CALOGERO, C.J., concurs and assigns reasons. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents.

03/02/2005

SUPREME COURT OF LOUISIANA
No. 04-C-0100 RONALD K. TRAHAN v. COCA COLA BOTTLING COMPANY UNITED, INC.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, OFFICE OF WORKERS' COMPENSATION, DISTRICT 3

KIMBALL, Justice We granted certiorari in this case to consider several issues: (1) whether a partial settlement of a workers' compensation claim is governed by the provisions of La. R.S. 23:1272; (2) whether a valid and enforceable compromise established by recitation in open court is a final, nonappealable judgment for purposes of penalties and attorney fees pursuant to La. R.S. 23:1201(G); and (3) whether such a compromise is an award such that claimant is entitled to file a certified copy of the transcript into the mortgage records pursuant to La. R.S. 23:1201.3. For the reasons expressed herein, we conclude that an agreement to settle a workers' compensation claim that does not involve a lump sum payment or compromise settlement in exchange for full and final discharge and release of the employer and/or his insurer from liability under the Workers' Compensation Act is not governed by La. R.S. 23:1272. Furthermore, we conclude that claimant is entitled to penalties and attorney fees for defendant's failure to timely pay the award payable under the terms of a final,
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nonappealable judgment and that claimant is entitled to file a certified copy of the transcript into the mortgage records. FACTS AND PROCEDURAL HISTORY On August 10, 1998, Ronald K. Trahan ("claimant") was injured in the course and scope of his employment with Coca Cola Bottling Company United, Inc. ("defendant"). On October 19, 2000, claimant filed a Disputed Claim for

Compensation against defendant for benefits under the Workers' Compensation Act. Trial on the matter began on July 31, 2002, and was continued to October 21, 2002. At the continuation of trial on October 21, 2002, the following exchange occurred on the record: THE COURT: Gentlemen, this matter comes before the Court on the trial on merits; however, I understand that a resolution has been met; is that correct? [Claimant's attorney]: Yes, Your Honor. [Defendant's attorney]: That's correct, Your Honor. THE COURT: Would you like to enter terms and conditions of any settlement on the record? [Defendant's attorney]: I will, Your Honor. Your Honor, my client has agreed to pay the following sums to Mr. Trahan at this point. We'll pay the total sum of $27,500. We're also agreeing that if there are some copayments that he has made from Ardoin Drugs that we will reimburse him those. We will be responsible for any medical bills that have been

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