Brawley v. International Maintenance Corp.

738 So. 2d 1100, 98 La.App. 3 Cir. 1857, 1999 La. App. LEXIS 1299, 1999 WL 274786
CourtLouisiana Court of Appeal
DecidedMay 5, 1999
DocketNo. 98-1857
StatusPublished

This text of 738 So. 2d 1100 (Brawley v. International Maintenance Corp.) 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
Brawley v. International Maintenance Corp., 738 So. 2d 1100, 98 La.App. 3 Cir. 1857, 1999 La. App. LEXIS 1299, 1999 WL 274786 (La. Ct. App. 1999).

Opinions

hGREMILLION, Judge.

The defendant, International Maintenance Corporation (IMC), appeals the judgment of the workers’ compensation judge finding the plaintiff, Detra Brawley, temporarily totally disabled as a result of a work-related accident. We affirm in part and reverse in part.

FACTS

Brawley alleged that she suffered an injury to her lower back after picking up and moving a fire extinguisher while performing a fire watch for IMC on February 13, 1997. She was examined in the emergency room of the West Calcasieu Cameron Hospital (Cal-Cam Hospital), where her condition was diagnosed as a lumbar strain, and released to light duty. She returned to work several days later and was placed in a light-duty position. However, she was released from her employment several days later as part of a reduction in force.

Un April 1997, Brawley sought authorization to obtain medical treatment from IMC’s insurer, Crawford and Company, due to continuing problems with her lower back. After investigating Brawley’s claim, Crawford disputed the occurrence of an accident and denied her claim for workers’ compensation benefits. Brawley filed a disputed claim for compensation seeking benefits and penalties and attorney’s fees due to IMC’s arbitrary and capricious actions in denying her claim. Following a hearing on the merits, the workers’ compensation judge rendered written reasons finding that Brawley was injured as the result of a work-related accident and awarded her temporary total disability benefits. Brawley’s claim for penalties and attorney’s fees was denied. A judgment was rendered in this matter on July 20,1998. IMC appeals this judgment.

ISSUES

IMC raises two assignments of error on appeal. It alleges that the workers’ compensation judge erred in finding that Brawley presented sufficient evidence to prove that she suffered an accident and was entitled to temporary total disability benefits.

WORK-RELATED ACCIDENT

In order to recover workers’ compensation benefits, a worker must first prove that she suffered an injury by an accident arising out of and in the course of her employment, La.R.S. 23:1031(A). An accident is defined as an “unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive 1 sdegeneration.” La.R.S. 23:1021(1).

Although the Workers’ Compensation Act is construed liberally in favor of the worker, the worker’s burden of proof is not relaxed. Bruno v. Harbert Int’l Inc., 593 So.2d 357 (La.1992). This burden of proof requires the worker to establish, by a preponderance of the evidence, that a work-related accident occurred. Burns v. Beauregard Nursing Cent., 94-131 (La.App. 3 Cir. 10/5/94); 643 So.2d 443. The worker’s testimony alone may be sufficient to satisfy this burden, 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. Id. Corroboration may be proved by the testimony of fellow workers, spouses, other close family members, friends, or the introduction of medical evidence. Id. A trial court’s determinations with regard to the credibility of a witness and the discharge of a party’s burden of proof are factual in nature and will not be disturbed in the absence of manifest error. Bruno, 593 So.2d 357.

When findings are based on determinations regarding the credibility of witnesses, the manifest error — clearly wrong standard demands great deference to the trier of fact’s findings; for only the factfinder can be aware of the [1102]*1102variations in demeanor and tone of voice that bear so heavily on the listener’s understanding and belief in what is said. Where documents or objective evidence so contradict the witness’s story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable fact finder would not credit the witness’s story, the court of appeal may well find manifest error or clear wrongness even in a finding purportedly based upon a credibility determination. But where such factors are not present, and a factfinder’s finding is based on its decision to credit the testimony of one of two or more witnesses, that finding can virtually never be manifestly erroneous or clearly wrong.

Rosell v. ESCO, 549 So.2d 840, 844-45 (La.1989) (citations omitted).

| ¿After reviewing the evidence and the appropriate law, the workers’ compensation judge held that Brawley satisfactorily proved by a preponderance of the evidence that her injuries were the result of a work-related accident. She based her finding on Brawley’s testimony concerning the occurrence of her injury and the corroborating evidence provided by her mother and the medical records of Cal-Cam Hospital and Dr. Carl Hines. Although she noted that there was conflicting testimony from coworkers concerning whether Brawley moved the fire extinguisher, the workers’ compensation judge held that it did not cast serious doubt on Brawley’s version of what occurred. She stated that she “evaluated claimant’s demeanor and found claimant’s explanations sufficient to carry her burden. Claimant’s testimony was further corroborated by circumstances following the event — the testimony of claimant’s mother and the medical evidence.”

The parties stipulated that Brawley was within the course and scope of her employment on the date of the alleged accident. Brawley, who began working for IMC on February 7, 1997, testified that her back began hurting after she moved a fire extinguisher and a water hose from the safety tent to her assigned area and stood around for several hours waiting for the welders to begin working in her area. She stated that she obtained the fire extinguisher from the safety tent at approximately 7:00 p.m. She stated that the safety tent was located seventy-five yards from her assigned area. She noticed that her back was hurting while she moved the extinguisher and then afterwards while standing around. Brawley stated that the welders did not begin working in her area until after the first break, at approximately 10:00 p.m. After the break at 9:00 p.m., she testified that she told her boyfriend, [ ^Robert Johnson, that she could not make it through her shift due to back pain and, that after the lunch break, 12:00 a.m., that she needed to go home. By that time, she stated that she was crying because of the pain.

Brawley testified that when they “ear-lied out,” she waited outside while Johnson signed them out. When questioned in her deposition about the night she was hurt, she stated that she was pretty sure that both she and Johnson went into the field office to sign out and that there were two men in the office at that time: the one who drove them to the gate and a safety supervisor. When questioned about the discrepancy in her testimony, Brawley stated that she had earlied out two different times that week and that she might have been testifying in her deposition about the night she was laid off. When questioned about her steel-toe boots, she stated that they were the correct size and that she had owned them for approximately eleven months at the time of her accident. In her deposition, she testified that they were one and a half to two years old. With regard to this discrepancy, Brawley stated that she was not certain when she bought her boots.

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Related

Bruno v. Harbert Intern. Inc.
593 So. 2d 357 (Supreme Court of Louisiana, 1992)
Boutte v. Langston Companies, Inc.
707 So. 2d 1315 (Louisiana Court of Appeal, 1998)
Rosell v. Esco
549 So. 2d 840 (Supreme Court of Louisiana, 1989)
Burns v. Beauregard Nursing Center
643 So. 2d 443 (Louisiana Court of Appeal, 1994)

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Bluebook (online)
738 So. 2d 1100, 98 La.App. 3 Cir. 1857, 1999 La. App. LEXIS 1299, 1999 WL 274786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brawley-v-international-maintenance-corp-lactapp-1999.