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98-C-1810 BRADLEY JACKSON v. IBERIA PARISH GOVERNMENT
State: Louisiana
Court: Supreme Court
Docket No: 98-C-1810
Case Date: 01/01/1999
Preview:SUPREME COURT OF LOUISIANA
No. 98-C-1810 BRADLEY JACKSON VERSUS IBERIA PARISH GOVERNMENT ********************************************************* ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, OFFICE OF WORKERS' COMPENSATION DISTRICT NINE ********************************************************* Calogero, C.J.* We granted certiorari in this case to determine whether res judicata bars an action under LSA-RS 23:1310.8B for modification of a prior judgment awarding workers' compensation benefits when that judgment determined that the worker was no longer disabled at the time of trial and it had been satisfied prior to the time modification was sought. For the following reasons, we hold that res judicata does not bar such a claim. We therefore reverse the judgment of the court of appeal and remand the case to the hearing officer for further proceedings consistent with this opinion. FACTS AND PROCEDURAL HISTORY On July 24, 1994, the workers' compensation hearing officer rendered a judgment in favor of the plaintiff, Bradley Jackson, finding that he injured his lower back in an accident which arose out of his employment with the defendant, Iberia Parish Government, on July 23, 1992. Jackson was awarded payment of all medical benefits, medication expenses, disability benefits, and transportation expenses for a closed period of disability extending from July 23, 1992, until December 6, 1993. The judgment recited that Jackson failed to establish that the injury sustained in the July 1992 accident caused him any period of disability after December 6, 1993, and it therefore denied him compensation benefits after that date. The judgment was satisfied by the defendant, and a Satisfaction of Judgment was executed by Jackson on October 24, 1994. Jackson appealed to the Third Circuit Court of Appeal. That court affirmed the hearing officer's decision that Jackson's disability did not extend past December 6, 1993, and consequently affirmed that he was not entitled to compensation benefits after that date. Jackson

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Traylor, J., not on panel. Rule IV, Part 2,
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