# Brown v. Adair

> Louisiana Court of Appeal · June 21, 2002 · 2001 La.App. 1 Cir. 1120

URL: https://www.frixlaw.com/law-library/cases/7752365

## Case

- **Full name:** John H. BROWN v. Mary Lyles ADAIR, Kenneth Singletary, Mary Lyles Adair, Inc. and XYZ Insurance Company
- **Court:** Louisiana Court of Appeal
- **Decided:** June 21, 2002
- **Citations:** 2001 La.App. 1 Cir. 1120; 822 So. 2d 52; 2002 La. App. LEXIS 2074; 2002 WL 1349906
- **Precedential status:** Published
- **Opinion:** Concurrence by Hpettigrew
- **Judges:** Foil, Hpettigrew, Jjfoil, Kline, Pettigrew
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7752365

## Opinion text

hPETTIGREW, J.,
concurring.
I concur in the results reached by the majority. However, I disagree with the majority that the only remedy appellant may seek is pursuant to Louisiana R.S. 23:1201.2.
It is my opinion that there is another provision in the Workers’ Compensation Act that provides additional relief to the appellants if they can meet the standards and elements of that statute. That relief would be to seek criminal charges and/or civil penalties against the defendants individually pursuant to La. R.S. 23:1208, which, in part, provides as follows:
A. It shall be unlawful for any person, for the purpose of obtaining or defeating any benefit or payment under the provisions of this Chapter, either for himself or for any other person, to willfully make a false statement or representation. [Emphasis added.]
This statute provides for criminal .provisions under paragraph C and for civil penalties under paragraph D, which provides, in part:
|2P. In addition to the criminal penalties provided for iri Subsection C of this Section, any person violating the provisions of this Section may be assessed civil penalties by the workers’ compensation judge of not less than five hundred dollars nor more than five thousand dollars,, and may be ordered to make restitution.
The defendants in this case qualify under the definition of “any person.” Thus, if the appellants can meet the other elements and requirements of La. R.S. 23:1208, this could be an additional remedy for them.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7752365. Public record. Not legal advice.