Larry Ned v. City of Baton Rouge/Parish of East Baton Rouge

2025 CA 0294 (La. Ct. App. 2025) · Louisiana Court of Appeal, First Circuit · December 19, 2025 · No. 2025 CA 0294

Summary

The Louisiana First Circuit affirmed an award of supplemental earnings benefits to Larry Ned, a Baton Rouge police officer injured in a work-related automobile accident. The court held that compensation from his BRPD-approved extra-duty assignments could be aggregated with his regular BRPD wages when calculating his average weekly wage, because BRPD exercised substantial control over the extra-duty work. The court also assessed appellate costs against the City/Parish.

Holdings

  1. Wages from Ned's BRPD-approved extra-duty assignments were properly included with his regular BRPD wages in calculating his average weekly wage and entitlement to supplemental earnings benefits.
  2. The WCJ did not err in interpreting the LWCA or in awarding Ned SEBs based on an average weekly wage that included all of his relevant BRPD and extra-duty income.

Questions Presented

  1. Whether the average weekly wage used to calculate Ned's supplemental earnings benefits should include wages from both his regular BRPD employment and his BRPD-approved extra-duty assignments for separate entities.
  2. Whether the BRPD-controlled extra-duty arrangement was sufficiently integrated with Ned's regular employment to warrant treating the wages as aggregate wages in determining his SEB entitlement.

Disposition

affirmed

Cases Cited (17)

  • First National Bank, USA v. DDS Construction, LLC, 91 So. 3d 944 (La. 2012)(followed)
  • M.J. Farms, Ltd. v. Exxon Mobil Corp., 998 So. 2d 16 (La. 2008)(followed)
  • Ziegler v. Slidell Memorial Hospital, 236 So. 3d 565 (La. App. 1st Cir. 2017)(followed)
  • Pinkins v. Cardinal Wholesale Supply, Inc., 619 So. 2d 52 (La. 1993)(followed)
  • Babineaux v. Southeastern Drilling Corp., 170 So. 2d 518 (La. App. 3d Cir. 1965), writs refused, 172 So. 2d 700 (La. 1965)(followed)
  • Roberson v. Gordon, 2009 WL 34543409 (La. App. 1st Cir. 2009)(followed)
  • City of Shreveport v. Kingwood Forest Apartments, 746 So. 2d 234 (La. App. 2d Cir. 1999)(distinguished)
  • Holden v. City of New Orleans (NOPD), 93 So. 3d 729 (La. App. 1st Cir. 2012)(distinguished)
  • Lott v. Louisiana Power & Light Co., 377 So. 2d 1277 (La. App. 3d Cir. 1979), writ denied, 381 So. 2d 1232 (La. 1980)(distinguished)
  • Guillory v. Interstate Hotels & Resorts, 918 So. 2d 550 (La. App. 3d Cir. 2005)(distinguished)

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