MARION F. EDWARDS, Chief Judge.
Plaintiff/appellant, John James ("James"), appeals a judgment of the Office of Workers' Compensation granting an Exception of Lack of Subject Matter Jurisdiction in favor of defendant/appellee, Wayne Catalano ("Catalano"), dismissing the claims against Catalano with prejudice.
James filed a Disputed Claim for Compensation on September 9, 2009, alleging that he fell and sustained injuries while employed by subcontractor RJ Builders, Inc. ("RJ Builders"). Nationwide Restoration, LLC ("Nationwide") was named as the main contractor and Catalano was designated as the president and owner of Nationwide. Subsequently, James filed a Motion for Leave of Court to File Supplemental and Amended Dispute Claim, alleging that Catalano and Nationwide were members of the Louisiana Construction and Industry Association ("LCIA"), which provided workers' compensation coverage. The motion asserted that RJ Builders; its owner, Robert Exterstien; Catalano; and Nationwide were undercapitalized and failed to secure workers' compensation coverage. Therefore, according to James, they should be held personally liable for all benefits to which James may be entitled. The motion was granted and the amending petition filed. A third amending petition was filed, urging that Nationwide was a member of LCIA and covered under its industry self-insured fund.
In May 2010, Catalano, individually and d/b/a Nationwide, filed a Motion and Order to Recognize Automatic Stay Due to Bankruptcy Proceedings to Nationwide Restoration, LLC, alleging that Nationwide filed for Chapter 7 Bankruptcy and requesting the court to stay the proceedings. In June 2010, James moved to bifurcate the claims against Nationwide/Catalano, stating that there was possible coverage under the LCIA self-insured fund which, along with the other defendants, would be responsible for paying benefits. The court granted the motion. On June 22, 2010, the bankruptcy stay was lifted, allowing James to proceed solely against the LCIA fund and any other third party defendants. The stay was to remain in effect against Nationwide.
LCIA filed an answer, alleging in part that Nationwide, although a member of the Fund, did not notify it of the claimed accident and did not properly pay premiums due to the fund; thus, LCIA submitted that it did not owe coverage. Catalano filed a pleading entitled Exception of No Cause of Action and Motion for Summary Judgment, alleging that he individually was not James' employer. He stated that he was one member of Nationwide. Catalano further urged that James had no individual cause of action against Nationwide for failure to provide compensation and
At the hearing on the Exceptions prior to trial, the trial court heard argument of counsel, and it granted the Exception of Lack of Subject Matter Jurisdiction.
On appeal, James argues that the Workers' Compensation Court has jurisdiction to resolve any dispute as to whether the corporate veil protects the principals and owners of a corporation from liability, citing La. 23:1310.3.(F), which states:
James avers that the Office of Workers' Compensation ("OWC") judges now have a "very broad and exclusive jurisdiction." In his argument, it appears that James characterizes the issue as one of the jurisdiction of the workers' compensation judge to decide whether a defendant is an employer. In the present instance, however, James has not sued Catalano as his employer. Rather, he seeks the court to determine that Catalano undercapitalized Nationwide and failed to secure workers' compensation coverage, thus resulting in the personal liability of Catalano.
"Except as otherwise authorized by [the constitution] or except as heretofore or hereafter provided by law for administrative agency determinations in worker's compensation matters, a district court shall have original jurisdiction of all civil and criminal matters." La. Const, art. V, § 16(A)(1). La. R.S. 23:1310.3 provides for the original jurisdiction afforded to the OWC under the Workers' Compensation Act in La. R.S. 23:1310.3(E). That statute is quite specific and provides for jurisdiction by the workers' compensation judge only for "claims or disputes arising out of the Act.
As in Covington, supra, James' rule seeks to have the hearing officer determine whether Catalano is the alter ego of Nationwide. While the issue relates generally to the underlying workers' compensation claim, it does not arise out of the Workers' Compensation Act.
The district court has jurisdiction of an action of seeking to pierce the corporate veil under La. R.S. 12:1 et seq. Under the facts of the present case, we find that the trial court correctly granted the exception at issue, and we affirm the judgment.