Johnny Cousain v. Smitty’s Supply, Inc. and National Union Fire Insurance Company

Summary

The Supreme Court of Louisiana held that forfeiture of workers’ compensation benefits under La. R.S. 23:1208 applies prospectively from the date of the employee’s willful misrepresentation, rather than retroactively from the date of the workplace accident. The court affirmed the lower court’s determination that Johnny Cousain willfully made false statements for the purpose of obtaining benefits and forfeited benefits commencing on the date of his deposition.

Holdings

1. An employee who violates La. R.S. 23:1208 forfeits the right to obtain workers’ compensation benefits prospectively from the time the willful misrepresentation occurs; the forfeiture does not retroactively eliminate benefits to which the employee was entitled before the misrepresentation.
2. Moran is overruled to the extent it held that La. R.S. 23:1208(E) requires forfeiture of all benefits from the date of the accident.

Questions Presented

1. Whether forfeiture under La. R.S. 23:1208(E) applies prospectively from the date of the employee’s willful misrepresentation or retroactively to the date of the workplace accident.
2. Whether the lower courts properly upheld the WCJ’s prospective forfeiture while awarding benefits accruing before the misrepresentation.

Disposition

affirmed