A security guard who was injured by a psychiatric patient while on duty is entitled to additional benefits and penalties, an appeals court ruled on Wednesday.
In Landry v. Lofton Security Service Inc. ., Louisiana Court of Appeals, Third Circuit, in Lake Charles reversed a compensation judge who denied additional benefits to the guard. The Court of Appeal considered that the guard showed that he could not earn his wages before the injury.
Robert Landry worked as an unarmed security guard for Lofton Security Service. On October 4, 2017, while stationed at Opelousas General Hospital in Opelousas, Louisiana, he injured his shoulder while protecting staff from a psychiatric patient. to work as a security guard because another fight could further damage the shoulder.
Mr. Landry appealed, arguing that his shoulder injury prevented him from returning to his former security position and that there was no comparable work available to him within his reasonable geographical area.
The Court of Appeals reversed the workers' judge's decision, noting that a Lofton boss confirmed that Mr Landry's previous safety work would exceed the limits imposed by his doctors – not only because of the potential for physical commitment but also because of occasional 50 pound lifting requirements. .
The court found that the judge was "manifestly wrong" in his decision that Landry failed to show that he could not earn 90% of his salary before the injury and ruled that Mr. Landry was entitled to supplementary benefits of $ 240 per week from and. with the date on which his benefits ceased.
Although the court did not consider the employer's or insurer's actions to be "arbitrary and capricious", it issued a $ 2,000 penalty for the abolition of benefits and awarded $ 10,000 in attorney's fees to Mr. Landry.