Brown v. Churchill & Thibaut, Inc.

637 So. 2d 764, 93 La.App. 1 Cir. 1216, 1994 La. App. LEXIS 1730, 1994 WL 195663
Louisiana Court of Appeal·Decided May 20, 1994·No. 93 CA 1216·Published·Cited by 7 cases

Opinion

637 So.2d 764 (1994)

Cotimea BROWN
v.
CHURCHILL & THIBAUT, INC.

No. 93 CA 1216.

Court of Appeal of Louisiana, First Circuit.

May 20, 1994.

*765 Anna E. Dow, Baton Rouge, for plaintiff-appellee Cotimea Ida Brown.

Robert C. Funderburk, Jr., Baton Rouge, for defendant-appellant Churchill & Thibaut, Inc.

Before CARTER, GONZALES and WHIPPLE, JJ.

CARTER, Judge.

This is an appeal in a worker's compensation case.

FACTS

On September 6, 1987, forty-one-year-old plaintiff Cotimea Brown (also known as Ida Mae Brown) was injured during the course and scope of her employment with Churchill & Thibaut, Inc. (Churchill) as a laborer on a plantation. On the date of the accident, Brown was planting sugarcane in the fields *766 of the plantation when she was hit in the back by a sugarcane cart being pulled by a tractor. As a result of the accident, Brown sustained back injuries.

Churchill's worker's compensation insurer at the time of Brown's accident was Rockwood Insurance Company (Rockwood). Rockwood paid Brown weekly compensation and medical benefits until September 1, 1990.[1] Rockwood discontinued Brown's compensation benefits at that time, but continued to pay her medical expenses. On May 14, 1991, Brown filed a claim for worker's compensation benefits with the Office of Workers' Compensation, alleging a continuing disability.[2] On July 26, 1991, Rockwood and Churchill answered Brown's petition and filed a dilatory exception raising the objection of vagueness.[3] On May 21, 1992, LIGA was substituted as a defendant for Rockwood, which had become insolvent.

On September 24, 1992, a hearing was held on Brown's worker's compensation claim. On October 12, 1992, the hearing officer signed a judgment in favor of Brown and against LIGA and Churchill, finding Brown to be temporarily totally disabled and ordering LIGA and Churchill to pay Brown all past due temporary total disability benefits in the amount of $98.50 per week from September 1, 1990, until September 24, 1992. The judgment also ordered that the benefits continue while Brown was disabled. LIGA and Churchill were cast for the costs of Dr. Murphy's deposition and the cost of the proceedings. LIGA and Churchill appealed from the judgment, assigning as error the hearing officer's determination that the September 6, 1987, accident caused Brown's alleged disability and that Brown was disabled beyond September 1, 1990.

CAUSATION

A worker's compensation claimant has the burden of proving his claim even though the Louisiana Worker's Compensation Act, LSA-R.S. 23:1021, et seq., is to be construed liberally in favor of the claimant. Bruno v. Harbert International Inc., 593 So.2d 357, 361 (La.1992). The claimant must establish his disability and causal relation with his employment accident by a preponderance of the evidence. Walton v. Normandy Village Homes Association, Inc., 475 So.2d 320, 324 (La.1985). Proof by a preponderance of the evidence is sufficient when the evidence, taken as a whole, shows that the fact sought to be proved is more probable than not. Patterson v. GNB Battery, Inc., 569 So.2d 640, 642 (La.App. 2nd Cir.1990), writ denied, 573 So.2d 1134 (La.1991). In order for the claimant to recover, it must be determined that his employment somehow caused or contributed to his disability, but it is not necessary that the exact cause be found. Walton v. Normandy Village Homes Association, Inc., 475 So.2d at 324.

Upon review, the hearing officer's findings will not be disturbed unless they are clearly wrong. Martin v. Riverview Medical Center, 618 So.2d 1014, 1017 (La.App. 1st Cir.), writ denied, 623 So.2d 1333 (La.1993). For an appellate court to reverse a trial court's factual finding, it must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly wrong. Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993); Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). Thus, the reviewing court must do more than simply review the record for some evidence which *767 supports or controverts the trial court's finding. The reviewing court must review the record in its entirety to determine whether the trial court's finding was clearly wrong or manifestly erroneous. Stobart v. State, Department of Transportation and Development, 617 So.2d at 882.

The issue to be resolved by the reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder's conclusion was a reasonable one. Stobart v. State, Department of Transportation and Development, 617 So.2d at 882. Even though an appellate court may feel its own evaluations and inferences are more reasonable than the factfinder's, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony. Where two permissible views of the evidence exist, the factfinder's choice between them cannot be clearly wrong. Stobart v. State, Department of Transportation and Development, 617 So.2d at 882, 883.

In the instant case, Brown's testimony reveals that, at the time of the accident, she was forty-one years old and working ten to twelve hours per day as a laborer on a plantation. She indicated that, prior to the accident, she was not experiencing any back pain and noted that, if she had been suffering from any back problem, she would not have been able to do the work which she was doing. Brown testified that, prior to 1987, she had not consulted a physician about any "serious" back pain.

In his deposition, Dr. Earl Schexnayder, a general practitioner, stated that, on June 12, 1980, June 20, 1981, and September 23, 1983, Brown went to his office with complaints of back pain.[4] However, he indicated that she had experienced no trauma at the time. Dr. Schexnayder explained that, with regard to the September 23, 1983, complaints, Dr. Grant (an associate of Dr. Schexnayder), examined Brown and felt that she had sciatic nerve syndrome. However, Brown did not return to Dr. Grant or Dr. Schexnayder thereafter for treatment or with complaints of back pain until after the 1987 incident.

According to Dr. George Murphy, an orthopedic surgeon, it was more probable than not that Brown's symptoms and condition arose from the September 6, 1987, accident. He stated:

If she had an injury, a documented injury, and has had persistent follow-up and care ever since then, and there's no history of any other major injury or any history of routine—routine care for the period a year or so prior to that injury, then you would have to associate the problems that I've treated her for that injury and that is the only way I can say it.

When asked whether Dr. Grant's 1983 documented diagnosis of sciatic nerve syndrome (or sciatica) would change his opinion as to the cause of Brown's condition, Dr. Murphy stated that he would place no significance on the previous diagnosis because it had been documented four years prior to the 1987 injury. Dr. Murphy went on to explain that backaches are the most common thing for which people seek medical treatment and that most complaints usually turn out to be simple muscle strain. Dr. Murphy also stated that, assuming that Brown did have a preexisting back condition, clearly the 1987 accident would have aggravated the condition and made it symptomatic.

The defendants argue that Dr.

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Brown v. Churchill & Thibaut, Inc., 637 So. 2d 764, 93 La.App. 1 Cir. 1216, 1994 La. App. LEXIS 1730, 1994 WL 195663 (La. Ct. App. 1994).

637 So. 2d 764 (Brown v. Churchill & Thibaut, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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