Lemcy Cortez (Cortez) had been hired by Triple F. Oil Field Service LLC (Triple) to drive trucks in Oklahoma. On June 25, 2014, while employed by Triple, Cortez was in a vehicle accident that resulted in injuries to his elbow and back.

Cortez filed a disputed claim for workers compensation benefits against Triple and its insurer, Texas Mutual Insurance Company (Texas Mutual). The claim was filed with the Louisiana Office of Workers Compensation (OWC). The filing was made after, per Cortez, Triple denied benefits even though the injuries occurred while working for Triple. Triple and Texas Mutual filed exceptions to Cortez’s claim. They argued that the OWC had no jurisdiction over the claim as Cortez was hired and was performing in Oklahoma. A trial court agreed that the OWC held no jurisdiction and Cortez appealed.

The higher court reviewed the same affidavits used by the lower court, submitted by Cortez and Triple. Cortez’s arguments supporting jurisdiction revolved around his two statements that he first learned of the driving job while residing in Louisiana, he held a phone interview and was contacted later, again by phone, regarding job logistics and of the need to go to Triple’s training camp. Cortez alleged that he went to the camp, located in Oklahoma, feeling assured that he had already been hired. While at the camp, Cortez was given and passed both a road test and drug test. After passing the tests, the next day he was given the driving assignment in which the accident occurred. One Cortez affidavit included his response to a question regarding his hiring where he stated that he was hired in Oklahoma.

Triple’s affidavit, which included information from a Triple employee who oversaw Cortez’s testing, countered that no employment offered could be made over the phone. Without passing the road and drug tests, no job offer could be made, particularly as the tests were federally required due to Triple’s operating license. Further, Cortez had not completed all of Triple’s required paperwork until after the accident. Both Cortez and Triple acknowledged that the paperwork (which was either undated or backdated) was not completed until after the accident. Therefore, Triple argued that the hiring occurred after the tests, while Cortez was in Oklahoma.

The higher court found that, based on the offered evidence, the lower court rendered a valid decision. The ruling in favor of Triple and against Cortez was affirmed.

Lemcy Cortez v. Triple F. Oil Field Service, LLC and Texas Mutual Insurance Company. Court of Appeal of Louisiana, Fifth Circuit. No. 16-CA-66. Filed August 10, 2016. Affirmed. Westlaw 198 So. 3d 278