Central La. Ambulatory Surgical Center, (Paul Troquille) v. McDonald's Restaurants of Louisiana, LLC

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 09-0823

CENTRAL LOUISIANA AMBULATORY SURGICAL CENTER (CHERYL HARR) VERSUS MCDONALD’S OF PINEVILLE AND LOUISIANA RESTAURANT ASSOCIATION SELF-INSURERS FUND CONSOLIDATED WITH 09-0840 CENTRAL LOUISIANA AMBULATORY SURGICAL CENTER (PAUL TROQUILLE) VERSUS MCDONALD’S OF PINEVILLE AND LOUISIANA RESTAURANT ASSOCIATION SELF-INSURERS FUND

************ APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION, DISTRICT 02 PARISH OF RAPIDES, NO. 80-04029 AND 08-04030 HONORABLE JAMES BRADDOCK WORKERS’ COMPENSATION JUDGE ************ JIMMIE C. PETERS JUDGE ************ Court composed of Oswald A. Decuir, Jimmie C. Peters, and David E. Chatelain,* Judges.

*Honorable David E. Chatelain participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore.

JUDGMENT RENDERED.

R. Bray Williams Joe Payne Williams Williams Family Law Firm, LLC Jefferson Street P. O. Box 15 Natchitoches, LA 71458 (318) 352-6695 COUNSEL FOR PLAINTIFF/APPELLEE: Central Louisiana Ambulatory Surgical Center Stephen W. Glusman Glusman, Broyles & Glusman, LLC North Street P. O. Box 2711 Baton Rouge, LA 70821-2711 (225) 387-5551 COUNSEL FOR DEFENDANTS/APPELLANTS: McDonald’s of Pineville and Louisiana Restaurant Association Self-Insurance Fund PETERS, J.

The defendants in these consolidated workers’ compensation cases, McDonald’s of Pineville and Louisiana Restaurant Association Self-Insurers Fund, appealed the judgment of the workers’ compensation judge rendered in favor of the Central Louisiana Ambulatory Surgical Center (CLASC). CLASC answered the appeal, seeking additional attorney fees for work performed on appeal. After both sides complied with this court’s briefing schedule, but prior to oral argument, the defendants filed a motion to dismiss their appeals. This court granted their motion to dismiss, but reserved unto CLASC its claim for attorney fees. The attorney fee issue is the only issue before us on appeal.

A plaintiff who successfully defends a judgment on appeal is entitled to additional attorney fees upon request. Matt v. Agro Distribution, LLC, 05-291 (La.App. 1 Cir. 6/1/05), 904 So.2d 928. CLASC was successful in that regard despite the fact that this court was precluded from ruling on the merits of the underlying dispute because of the defendants’ dismissal of their appeal. Accordingly, we award CLASC $5,000.00 in attorney fees for work performed on appeal.

CONCLUSION For the foregoing reasons, we render judgment in favor of Central Louisiana Ambulatory Surgical Center and against McDonald’s of Pineville and Louisiana Restaurant Association Self-Insurers Fund in the amount of $5,000.00, said award representing attorney fees for work performed on appeal by its counsel. We assess all costs of this appeal to McDonald’s of Pineville and Louisiana Restaurant Association Self-Insurers Fund.

JUDGMENT RENDERED.