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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 27 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 12th day of April, 2005, are as follows:

BY VICTORY, J.:

2004-CC-2124

RON JOHNSON v. MARRERO-ESTELLE VOLUNTEER FIRE COMPANY NO. 1 (Parish of Jefferson) For the reasons expressed herein, the judgment of the court of appeal is affirmed. AFFIRMED.

04/12/2005

SUPREME COURT OF LOUISIANA
No. 2004-CC-2124 RON JOHNSON VERSUS MARRERO-ESTELLE VOLUNTEER FIRE COMPANY NO. 1 ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON

VICTORY, J. We granted this writ application to determine whether La. R.S. 33:1995 requires a volunteer fire company under contract with a parish government fire protection district to pay sick leave benefits for injuries to firefighters that occur off duty. After reviewing the record and the applicable law, we affirm the judgment of the court of appeal and hold that La. R.S. 33:1995 applies to off-duty, as well as onthe-job, injuries. FACTS AND PROCEDURAL HISTORY Marrero-Estelle Volunteer Fire Co. No. 1 ("Marrero-Estelle") is a Louisiana not-for-profit corporation under contract with a Jefferson Parish Fire Protection District to provide fire protection services to the district. Marrero-Estelle is Ron Johnson

comprised of both paid full-time firefighters and volunteers.

("Johnson") is a full-time paid firefighter for Marrero-Estelle and has been for 20 years. Johnson was injured off the job on July 5, 2002, when he fell off the roof of his house. He filed suit alleging, among other things, that Marrero-Estelle owed him sick leave benefits under La. R.S. 33:1995 for this off-duty injury. Marrero-Estelle filed an exception of no cause of action under La. R.S. 33:1995 alleging that the statute does not apply to off-duty injuries. On March 30, 2004, the trial court issued an order and reasons granting the exception. The trial court

reasoned that because La. R.S. 33:1995.1 allowed an offset of sick leave benefits paid under La. R.S. 33:1995, and because worker's compensation was only available for on-duty injuries, then La. R.S. 33:1995 must likewise be limited to on-duty injuries. The trial court also reasoned that allowing sick leave benefits for off-duty injuries would be tantamount to a donation of public funds which is prohibited by La. Const. Art. VII,

Download 04cc2124.opn.pdf

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