Bodiford v. Robinson Bros. Lincoln Mercury

844 So. 2d 272, 2002 La.App. 1 Cir. 1033, 2003 La. App. LEXIS 747, 2003 WL 1701989
CourtLouisiana Court of Appeal
DecidedMarch 28, 2003
DocketNo. 2002 CA 1033
StatusPublished
Cited by1 cases

This text of 844 So. 2d 272 (Bodiford v. Robinson Bros. Lincoln Mercury) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bodiford v. Robinson Bros. Lincoln Mercury, 844 So. 2d 272, 2002 La.App. 1 Cir. 1033, 2003 La. App. LEXIS 747, 2003 WL 1701989 (La. Ct. App. 2003).

Opinion

2KLINE, J.

Appellant, Ricky P. Bodiford, appeals the decision of the workers’ compensation judge dismissing his claim against appel-lee, Robinson Brothers Lincoln Mercury, having found that he did not carry his burden of proving that he suffered injury due to a work-related accident. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Ricky Bodiford was employed as an assistant parts manager by Robinson Brothers Lincoln Mercury (“Robinson Brothers”). According to Mr. Bodiford, on June 28, 2000, he was standing at his computer when a co-employee, Carlos Rios, asked Mr. Bodiford a question concerning the whereabouts of a fellow employee. In response to Mr. Rios, Mr. Bodiford twisted his body to the left resulting in immediate right leg numbness and a burning sensation in his back.

After the incident, Mr. Bodiford stated that he advised Sue Guidry of his symptoms. Sue Guidry testified that he did not inform her of an incident, only of his symptoms. He then telephoned his wife, Andrea Bodiford, informing her of the incident. Mrs. Bodiford telephoned Mr. Bodi-ford’s treating neurosurgeon, Dr. John Clifford, and made an appointment for Mr. Bodiford for the next morning. Mr. Bodi-ford continued working for the remainder of the day. He stated that he informed his supervisor, Jim Nations, that he felt he had injured his back, and that he was going to see the doctor the next morning. Mr. Nations testified that Mr. Bodiford informed him of the soreness of his back and numbness of his leg, but did not attribute those symptoms to a specific incident.

The following morning, Mr. Bodiford went to see Dr. Clifford. Dr. Clifford immediately admitted Mr. Bodiford into the hospital for an MRI scan. Eventually, in January of 2001, Dr. Clifford performed a lumbar laminectomy on Mr. Bodiford. Mr. Bodiford never returned to work with Robinson Brothers and has been declared totally disabled by Dr. Clifford. On'July 19, 2000, Kelly Rhea, the workers’ compensation adjuster handling the claim for Robinson Brothers, telephoned Mr. Bodiford in order to take a recorded statement. Soon afterwards,J^Ms. Rhea called Mr. [275]*275Bodiford to inform him of the decision to deny his workers’ compensation claim.

On September 7, 2000, Mr. Bodiford filed a disputed claim for compensation •with the Office of Workers’ Compensation (“OWC”) against Robinson Brothers. Following a mediation conference, Robinson Brothers filed its answer on December 12, 2000. A trial was held on the merits on August 29, 2001. At the trial, Mr. Bodi-ford testified about the facts surrounding the incident and the injuries that resulted. He also testified about the facts surrounding the issue of his prior back injury.

The workers’ compensation judge (“WCJ”) issued a written judgment on August 30, 2001, stating the following:

Considering the law, evidence, and arguments of counsel and for the reasons stated by the Court, It is Hereby Ordered, Adjudged and decreed that
1. The claimant has failed to prove by a preponderance of the evidence that an accident occurred in the course and scope of employment.
2. The claim for medical benefits is denied.
3. The claim for indemnity benefits is denied.
4. The claim is dismissed with prejudice, each party to bear its own costs. [Emphasis added.]

On September 10, 2001, Mr. Bodiford filed a motion for a new trial. A hearing was held on this matter on October 19, 2001 and on October 29, 2001, the WCJ issued a judgment denying Mr. Bodiford’s motion for new trial.

Mr. Bodiford appeals the WCJ’s findings and asserts the following assignments of error:

I. The [WCJ] was clearly wrong in finding that Ricky Bodiford did not sustain an “accident” on June 28, 2000 as defined by LA-R.S. 23:1021, thereby denying claimant/appellant’s entitlement to indemnity and medical benefits under the Workers’ Compensation Act.
II. The [WCJ] was clearly wrong in failing to award penalties and attorney’s fees to claimant/appellant due to Robinson Brothers’ arbitrary and capricious failure to investigate and denial of Mr. Bodiford’s [workers’] compensation claim.
III. The [WCJ] was clearly wrong in failing to award a civil penalty under LA-R.S. 23:1208 given Robinson Brothers’ willful and fraudulent misrepresentation of pertinent facts in an attempt to defeat Mr. Bodiford’s [workers’] compensation claim.

4LAW AND DISCUSSION

Factual findings in a workers’ compensation case are subject to the manifest error or clearly wrong standard of appellate review. Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), 696 So.2d 551, 556. For an appellate court to reverse a trier of facts factual finding, it must find from the record that a reasonable factual basis does not exist for the finding of the trier of fact and that the record establishes that the finding is clearly wrong. Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). If the findings are reasonable in light of the record reviewed in its entirety, an appellate court may not reverse even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Furthermore, when factual findings are based on the credibility of witnesses, the factfinder’s decision to credit a witness’s testimony must be given “great deference” by the appellate court. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). Thus, when there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should [276]*276not be disturbed upon review, although the appellate court may feel that its own evaluations and inferences are as reasonable. Id.

In order for a claimant to be entitled to recover workers’ compensation benefits, he must prove, by a preponderance of the evidence, that a work-related accident occurred and that an injury was sustained. A claimant’s testimony alone may be sufficient to discharge this burden of proof, provided two elements are satisfied: (1) no other evidence discredits or casts serious doubt upon the worker’s version of the incident, and (2) the worker’s testimony is corroborated by the circumstances following the alleged incident. Williams v. Wal-Mart Stores, Inc., 2000-1347, p. 4 (La.App. 1 Cir. 9/28/01), 809 So.2d 294, 298.

In workers’ compensation cases, a disability is presumed to be the result of the work-related accident if the claimant was in good health before the accident, and the symptoms of the disability appear after the accident and continue to manifest themselves. This presumption is available when sufficient medical evidence is introduced to show a reasonable possibility of a causal connection between the disability and the work-related accident, or that the | ¡¡nature of the accident raises a natural inference that such a causal connection exists. LeBlanc v. Cajun Painting Inc., 94-1609, p. 10 (La.App. 1 Cir. 4/7/95), 654 So.2d 800, 807, writs denied, 95-1706, 95-1655 (La.10/27/95), 661 So.2d 1349, 1350. Thus, when there is proof of an accident and a following disability, without an intervening cause, it is presumed that the accident caused the disability. Jackson v. Savant Insurance Company, 96-1424, p. 3 (La.App. 1 Cir. 5/9/97), 694 So.2d 1178, 1180.

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844 So. 2d 272, 2002 La.App. 1 Cir. 1033, 2003 La. App. LEXIS 747, 2003 WL 1701989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bodiford-v-robinson-bros-lincoln-mercury-lactapp-2003.