The New Orleans Saints picked up a legal victory when a Louisiana appeals court affirmed the ruling of a trial court that a football player did not suffer a hernia “during the course and scope of his employment with the Saints” and thus was not entitled to any workers’ compensation benefits.
The finding also meant that the Saints were not liable for any penalties or attorney’s fees, which the plaintiff had sought.
The court began its analysis by reciting the events leading up to the litigation. The plaintiff, Scott Gumina, was participating in a pre-season practice with the Saints on August 22, 1999 when he claimed he noticed a pain in his lower abdomen during a football drill.
Gumina claimed that he reported the injury to the athletic trainer the next day and sought treatment at the LSU Medical Center.
Gumina, who was cut on September 6, 1999, filed a Disputed Claim for Compensation with the workers’ compensation court on November 5, 1999. He sought wage benefits, authorization for medical treatment, penalties and attorney’s fees.
The Saints and the Louisiana Workers’ Compensation Corporation filed an answer and general denial on February 10, 2000.
The trial court dismissed Gumina’s claims with prejudice finding Gumina “failed to prove by a preponderance of the evidence, according to La. R.S. 23:1221(4)(r), that he sustained an inguinal hernia arising out of the course and scope of employment with the Saints.”
The appeals court found that Gumina “has not provided any information which would warrant, nor does the record warrant, a finding that the trial court erroneously found he did not suffer a hernia injury while in the course and scope of his employment with the Saints. Finally, since we find that Gumina did not suffer a work related injury and is not entitled to workers’ compensation benefits, we also find he is not entitled to penalties and attorney’s fees for the Saints failure to pay him those benefits and medical expenses.”
Scott Gumina v. New Orleans Saints & Louisiana Worker’s Compensation Corp.; Ct. App. La., 5th Cir.; NO. 05-CA-854; 2006 La. App. LEXIS 959; 4/ 25/06
Attorneys of Record: (for plaintiff) Robert L. Hackett, The Hackett Law Firm. (for defendants) David K. Johnson, Johnson, Stiltner & Rahman, Baton Rouge, Louisiana.
