AMY, Judge.

The claimant sustained a work-related injury, and filed a disputed claim form after the employer terminated temporary total disability benefits (TTD benefits). A panel of this court ultimately determined that, although entitled to receive TTD benefits through the date of the workers' compensation hearing, the claimant failed to prove that he was entitled to TTD or supplemental earnings benefits (SEB benefits) thereafter. The claimant subsequently brought the present matter and again sought the reinstatement of indemnity benefits. The employer filed an exception of res judicata in light of this court's earlier decision. The workers' compensation judge maintained the exception of res judicata, but denied the employer's request for the imposition of sanctions pursuant to La.Code Civ.P. art. 863. The claimant appeals. For the following reasons, we affirm the ruling. We further deny the employer's answer to the appeal wherein it renews the request for sanctions.

Factual and Procedural Background

The record in this case reveals that the claimant, Corey Lamartiniere, alleged that he sustained injury in a 2007 work-related accident while employed by Boise Cascade. Since this appeal involves an exception of res judicata, reference to the procedural background of the prior proceedings is necessary.

As previously reported, the employer initially provided compensation benefits to the claimant, but terminated those benefits due to an alleged violation of La.R.S. 23:1208.1 See Lamartiniere v. Boise Cascade Corp., 13-1075 (La.App. 3 Cir. 4/9/14), 137 So.3d 119. Following a hearing, the workers' compensation judge rejected the La.R.S. 23:1208 claim, but reinstated TTD benefits and medical care from the date of termination. Id. On review, a panel of this court found manifest error in the workers' compensation judge's reinstatement of TTD benefits and reversed that aspect of the ruling awarding TTD benefits beyond the date of the May 16, 2013 workers' compensation hearing.2 Id.

Thereafter, the Louisiana Supreme Court granted the claimant's writ application in part, finding that the appellate panel erred in not considering the claimant's assertion in brief that he was alternatively entitled to supplemental earnings benefits. See Lamartiniere v. Boise Cascade Corp., 14-1195 (La.10/24/14), 149 So.3d 1234. The matter was remanded for consideration of whether the record was sufficiently developed to support a finding regarding entitlement to SEB benefits. Id. In all other respects, the supreme court denied the writ application. Id.

On remand, the panel determined that the record was, in fact, sufficiently developed for consideration of the indemnity benefits issue. See Lamartiniere v. Boise Cascade Corp., 13-1075 (La.App. 3 Cir. 12/17/14), 154 So.3d 814. However, the panel noted that the claimant offered no testimony at trial as to his level of pain or ability/inability to work at that time. Id. It therefore concluded that the claimant had failed to meet his burden of proving entitlement to SEB benefits after the date of the hearing. Id. See La.R.S. 23:1221(3). The supreme court subsequently denied the claimant's writ application. See Lamartiniere v. Boise Cascade Corp., 15-0131 (La.4/10/15), 163 So.3d 813.

Subsequently, in August 2015, the claimant instituted this matter by filing a claim form indicating simply that the employer had not paid wage benefits nor authorized medical treatment. He listed various injuries stemming from the 2007 accident date. No further detail regarding this initial claim is contained in the record before the court. In response, the employer filed an exception of res judicata accompanied by a motion for sanctions pursuant to La.Code Civ.P. art. 863. In its accompanying memorandum, the employer cited the previous appellate ruling denying continued benefits in support of its contention that the claimant's claim for "weekly disability benefits" was precluded by res judicata as the judgments of this court "denying his claims for TTD and SEB are valid and became final when the Supreme Court denied Lamartiniere's writ application on April 10, 2015." Given this allegedly preclusive effect, the employer asserted, sanctions for filing a claim without a legal or factual basis required an award of costs and attorney's fees. By separate filing, the employer filed an exception of prematurity, arguing that the claimant's request for medical treatment was premature as it "had not received any requests for treatment since the May 16, 2013 trial."

Following an October 12, 2015 hearing, the workers' compensation judge sustained the exception of res judicata and denied the employer's motion for sanctions. The workers' compensation judge additionally granted the exception of prematurity, dismissing the claimant's pending claim for medical benefits, but reserving the claimant's "right to pursue any claim he may have for future medical benefits."3

The claimant appeals, presenting the following issues for review:

The employer answers the appeal, asserting that the workers' compensation judge erred in denying its motion for sanctions.

Discussion

Res Judicata

At the hearing, the employer continued to argue that the preceding judgment of this court, in which continued indemnity benefits were denied, precluded the claimant's present claim. However, the claimant asserted, as he does on appeal, that the judgment did not prohibit him from demonstrating entitlement to indemnity benefits due to a change in circumstances prospectively from the date of the May 16, 2013 hearing. In restating his argument prior to the trial court's ruling, the claimant's attorney stated that:

After argument, the trial court sustained the exception and explained, in part, that:

When evidence is introduced by the parties in support of an exception of res judicata, an appellate court reviews the matter pursuant to the manifest error standard of review. Haybeych v. JPMorgan Chase Bank, N.A., 15-90 (La.App. 3 Cir. 11/4/15), 180 So.3d 491. However, in the event "the trial court does not make any factual determinations, but rather the issue is whether a prior judgment bars an action, `[t]he res judicata effect of a prior judgment is a question of law that is reviewed de novo.'" Id. at 494 (quoting Fogleman v. Meaux Surface Prot., Inc., 10-1210, p. 2 (La.App. 3 Cir. 3/9/11), 58 So.3d 1057, 1059, writ denied, 11-712 (La.5/27/11), 63 So.3d 995). In this case, we conclude that the trial court's ruling was one of law as it did not make factual findings. Although the employer introduced exhibits in support of its exception, those exhibits consisted entirely of the pertinent court rulings.4 Thus, we have considered this matter pursuant to a de novo standard of review. Having done so, we maintain the trial court's ruling.

Provided by La.R.S. 13:4231, res judicata is comprised of the following elements:

However, as for workers' compensation matters, La.R.S. 23:1310.8(A)(1) provides that "[t]he power and jurisdiction of the workers' compensation judge over each case shall be continuing and he may, upon application by a party and after a contradictory hearing, make such modifications or changes with respect to former findings or orders relating thereto if, in his opinion, it may be justified[.]" Pertinent to the claimant's argument that he seeks to establish that indemnity benefits are owed due to a change in circumstances, La.R.S. 23:1310.8(B) further instructs that:

Yet, the legislature enacted La.R.S. 23:1310.8(E) in 1999,5 which now specifically states that: "A judgment denying benefits is res judicata after the claimant has exhausted his rights of appeal."

In this case, and as the claimant points out, the underlying appellate judgment affirmed the award of TTD benefits until the time of the May 16, 2013 hearing, albeit upon recognition that the employer had not appealed from that award. See Lamartiniere, 137 So.3d 119. However, and as the employer conversely notes, a panel of this court denied further benefits. See Lamartiniere, 154 So.3d 814. It did so upon consideration of the record by instruction of the supreme court. Id. That ruling is now final as the supreme court denied the claimant's writ application in April 2015. See Lamartiniere, 163 So.3d 813. Thus, the parties question how the underlying ruling as to indemnity benefits should be viewed in light of La.R.S. 23:1031.8. Restated, the question before the court is whether it is subject to modification via application of Paragraph B or whether the issue of indemnity benefits is res judicata via application of Paragraph E.

Certainly, an application to modify an existing award of indemnity benefits has been found to fit within the parameters of La.R.S. 23:1310.8. See, e.g., Olivier v. Olivier Builders, 15-217 (La.App. 3 Cir. 11/18/15), 180 So.3d 540, writ denied, 16-0250 (La.4/8/16), 191 So.3d 585 (A case in which a panel of this court rejected the claimant's contention that the employer's request to modify a previous award of TTD benefits constituted res judicata. The panel instead found no error in the trial court's determination that a modification was required per La.R.S. 23:1310.8(B) as the employer adequately demonstrated that the claimant was capable of returning to light duty work.). However, the situation in this case differs. Louisiana Revised Statutes 23:1310.8(B) permits a modification of a prior compensation "award" by "ending, diminishing, or increasing" such awards. In this case, the now-final appellate judgment denied an award of SEB benefits after the May 16, 2013 hearing. See Lamartiniere, 154 So.3d 814.6 Following the finality of that judgment, there was no continuing "award" that could be ended, diminished, or increased under La.R.S. 23:1310.8(B). Even jurisprudence pre-dating the 1999 enactment of Paragraph E indicates that a prior award of compensation is required for application of La.R.S. 23:1310.8(B). See, e.g., Matthews v. Farley Indus., 95-1387, 95-1796 (La.2/28/96), 668 So.2d 1144.

Finally, we find no merit in the claimant's contention that the judgments of this court must be viewed as having been applicable only until the time of the May 16, 2013 hearing. Rather, this court specifically determined whether the claimant demonstrated entitlement to disability benefits after the date of trial. Accordingly, the trial court correctly observed that, in the context of the supreme court remand, "SEB is prospective benefits. And it was — his claim was denied."

For this reason, we find no error in the trial court's sustaining of the exception of res judicata upon application of La.R.S. 23:1310.8(E).

Answer

Answering the appeal, Boise Cascade suggests that the workers' compensation judge erred in denying its request for sanctions pursuant to La.Code Civ.P. art. 863, which provides, in part, that:

In the event the trial court finds that a certification has been made contrary to La.Code Civ.P. art. 863(B), an appropriate sanction "may include an order to pay to the other party the amount of the reasonable expenses incurred because of the filing of the pleading, including reasonable attorney fees." La.Code Civ.P. art. 863(D).

On review, an appellate court considers a trial court's decision regarding an award of sanctions under La.Code Civ.P. art. 863 pursuant to the manifest error standard. Blanchet v. Boudreaux, 15-60 (La.App. 3 Cir. 8/19/15), 175 So.3d 460, writ denied, 15-2156 (La.1/25/16), 185 So.3d 749. In the event that the trial court imposes sanctions, the appellate court reviews the "type and amount of sanctions" for abuse of discretion. Id. at 462.

After review, we find no manifest error in the trial court's denial of sanctions. The employer suggests that the claimant's petition is frivolous in nature given the clarity of La.R.S. 23:1310.8(E) and this court's previous denial of continued benefits. Certainly, Paragraph E is direct in its statement that "[a] judgment denying benefits is res judicata." However, we find that the record supports a conclusion that the argument regarding the applicability of the statute to this judgment is not baseless as the judgment included at least an initial award of benefits. In fact, the jurisprudence interpreting La.R.S. 23:1310.8(E) has not yet addressed the applicability to such an underlying judgment. Accordingly, we find that the employer's answer is without merit.

DECREE

For the foregoing reasons, the ruling of the workers' compensation judge is affirmed. Boise Cascade's request for sanctions pursuant to La.Code Civ.P. art. 863 is denied. Costs of this proceeding are assessed equally to the claimant, Corey Lamartiniere, and the employer, Boise Cascade.

JUDGMENT AFFIRMED. ANSWER TO APPEAL DENIED.

THIBODEAUX, Chief Judge, specially concurs and assigns written reasons.

THIBODEAUX, Chief Judge, specially concurring.

I agree with the ratio decidendi and conclusion of this opinion. I write separately and additionally to express my view that the res judicata effects of La.R.S. 13:4231 are limited solely to the consideration of SEB benefits. If a request had been made for a consideration of a change in conditions based upon the modification of TTD benefits, my analysis would be different. That is, La.R.S. 23:1310.8(B) would permit a consideration of those benefits as I think that the TTD benefits, though ending on May 16, 2013, was nonetheless "an award" within the contemplation of La.R.S. 23:1310.8(B).