Efferson v. Bargain Time Inc.
Efferson v. Bargain Time Inc.
Opinion of the Court
In this worker’s compensation case, plaintiff, Lynda Efferson, claims she was injured on March 22,1990 while employed at Bargain Time, Inc. Plaintiff missed approximately one week of work following the accident and was treated by Dr. Edwin Walker who diagnosed carpal tunnel syndrome. Plaintiffs employment with Bargain Time, Inc., was subsequently terminated in May of 1990 for allegedly failing to report for work without explanation to her superiors.
Plaintiff filed a disputed claim form with the Office of Worker’s Compensation on June 20,1990. Thereafter a status conference was scheduled for January 11, 1991, which plaintiff failed to attend although she had allegedly been notified.
Although La.C.C.P. art. 1672 gives a court authority to dismiss an action for failure of a plaintiff to appear on the day set for trial, there is no similar provision applicable to pre-trial proceedings. The Office of Worker’s Compensation is authorized to adopt reasonable rules and regulations governing proceedings before it by La.R.S. 23:1310.1. In accordance with that statute, such rules appear in the Louisiana Administrative Code, Title 40, Part 1, Chapter 15, § 1501 et seq. Section 1517 of those rules provides, in pertinent part:
If either the claimant or the attorney for the respondent or insurance carrier fails to attend the prehearing conference, the hearing officer shall assess all costs and reasonable attorney’s fees (if applicable) against the respondent or insurance carrier; and if the claimant or the claimant’s attorney fails to appear, the hearing officer shall strike the claimant’s case from any docket upon which it is set until the claimant or the claimant’s attorney has attended such prehearing conference.
Dismissal of a claimant’s case is not authorized under this provision. Further, jurisprudence applicable to the district courts does not authorize dismissal of a plaintiffs case for failure to appear at a pre-trial conference. This court stated in Rappelet v. Vining, 388 So.2d 125, 126 (La.App. 1st Cir. 1980), that “a suit cannot be dismissed for failure to appear at a pre-trial conference.”
For the reasons stated herein, the judgment dismissing plaintiff’s suit is hereby reversed and the matter is remanded to the Office of Worker’s Compensation for further proceedings. All costs of this appeal are assessed against defendant herein, Bargain Time, Inc.
REVERSED AND REMANDED.
. Copies of notices allegedly sent to plaintiff and/or her counsel did not appear in the record on appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.