Bruno v. Harbert International Inc.

580 So. 2d 1018, 1991 La. App. LEXIS 1370, 1991 WL 86255
CourtLouisiana Court of Appeal
DecidedMay 22, 1991
DocketNo. 89-1325
StatusPublished
Cited by2 cases

This text of 580 So. 2d 1018 (Bruno v. Harbert International Inc.) 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
Bruno v. Harbert International Inc., 580 So. 2d 1018, 1991 La. App. LEXIS 1370, 1991 WL 86255 (La. Ct. App. 1991).

Opinion

STOKER, Judge.

Plaintiff-appellee, Betty B. Bruno, sued her employer, defendant-appellant, Harbert International Inc., and its insurer, United States Fidelity & Guaranty Company, for workers’ compensation benefits. The plaintiff contends she suffered an accident while lifting and carrying a pump during her employment with Harbert. The trial judge concluded that plaintiff proved an on-the-job accident on the basis of her testimony alone. We reverse.

FACTS

Betty Bruno was employed by Harbert in March, 1986, as a process technician. She worked four days on and four days off. Plaintiff testified that on January 24, 1988, while lifting and carrying a pump, she injured her lower back. She continued to work despite pain and finished the shift for that day. Plaintiff did not file an accident report on January 24, 1988; instead, she went home and rested during the four day break from her scheduled work. On January 29, 1988, plaintiff returned to work, and she subsequently worked the entire four day schedule. Again plaintiff did not file an accident report. She testified that “I’m not in the habit of reporting every little nick and bruise ...” The plaintiff visited Dr. Fletcher Sutton on February 1, 1988. She complained of pain in her lower back, but she gave Dr. Fletcher no definite history of an accident or injury.

Plaintiff telephoned a representative of the defendant-employer on February 1, 1988 and reported an injury and that her doctor advised her to stay home. On or about February 8, 1988 she made an oral report of the alleged work-related accident. On February 11, 1988, plaintiff submitted herself to an interview with Mr. Bradford Paul St. Marie, administrative manager of plaintiff’s employer. Mr. St. Marie filled out a written accident report on the basis of the information plaintiff gave him. In that report, in response to a question on the accident report form, “How did injury occur”?, the following response was recorded:

Employee is uncertain about what caused her injury. She claims that since she did nothing off the job to cause injury, then her injury must have been caused when she lifted the aforementioned pump to move it.

On plaintiff’s behalf another accident report (undated) was filed into the record in this case which indicates the accident occurred while Mrs. Bruno moved a pump at the employer’s work place. In any event, Mrs. Bruno contends that as a result of the accident of January 24, 1988, she is totally and permanently disabled.

TRIAL COURT ACTION

Plaintiff filed this suit on August 1,1988. The trial judge rendered judgment in favor of plaintiff-appellee, Betty Bruno, and ordered that she be placed on workers’ compensation to the maximum allowed by law. Further, the court found Betty Bruno to be [1020]*1020totally and permanently disabled. Defendants appeal the judgment of the trial court alleging that plaintiff did not suffer an on-the-job accident.

LAW

The issue in this case is whether plaintiff proved that she sustained a work-related accident. A workers’ compensation claimant may establish a work-related accident through his own testimony, that is, through his sole testimony. West v. Bayou Vista Manor, Inc., 371 So.2d 1146 (La. 1979) and Malone and Johnson, Louisiana Civil Law Treatise, Workers’ Compensation, § 253. Nevertheless, a claimant must establish the occurrence of an “accident”, as contemplated by the workers’ compensation law, by a reasonable preponderance of the evidence. He must also establish causal connection between his disability and the accident. See Malone and Johnson, supra, § 252 and the cases cited therein.

The Louisiana Supreme Court set forth general principles in this regard in West, supra, The Court said:

[1] In a workman’s compensation suit, the employee must establish the work accident causing the injury by a preponderance of the evidence — i.e., “the testimony as a whole must show that more probably than [not] the employment accident caused the disability.” Gradfey v. Vancouver Plywood Co., Inc., 299 So.2d 347, 349 (La.1974). The causal relationship may be inferred when there is proof of an accident and an ensuing disability without an intervening cause. Johnson v. Travelers Insurance Co., 284 So.2d 888 (La.1973).
[2] In evaluating the evidence, the trier of fact should accept as true the un-contradicted testimony of a witness, even though the witness is a party, at least in the absence of circumstances in the record casting suspicion on the reliability of this testimony. Olds v. Ashley, 250 La. 935, 200 So.2d 1 (1967); Farley v. Ryan Stevedoring Co., 238 La. 1048, 117 So.2d 587 (1960); Bonanno v. Decedue, 186 La. 1041, 173 So. 756 (1937). West, at page 1147.

A workers’ compensation claimant will enjoy a presumption of causal connection between an accident and disability under certain circumstances if both accident and disability are unquestioned. Thompson v. Alamo Glass Co., 446 So.2d 990 (La.App. 3d Cir.1984) and Malone and Johnson, supra, § 252. However, such a presumption has no applicability here because the question is whether or not an accident happened at all. From the pronouncement of West and other authorities, two matters are clear:

(1) proof of an accident follows the. preponderance of evidence rule, and
(2) the amelioration of the rule which permits proof by the claimant’s sole testimony is subject to the qualification that such testimony must be considered in light of any circumstances in the record casting suspicion on the reliability of that testimony.

This court has held that the testimony of a plaintiff alone may be sufficient to prove the occurrence of an accident if it is plausible, consistent, and is supported by other circumstances appearing from the record. We also have said, however, that where the plaintiff’s testimony is the sole evidence, it must be clear and convincing. Colomb v. Frito Lay, Inc., 544 So.2d 710 (La.App. 3d Cir.1989); Ceasor v. Belden Corp., 536 So.2d 1261 (La.App. 3d Cir.1988); Provost v. Transportation Ins. Co., 524 So.2d 800 (La.App. 3d Cir.1988); Narcisse v. Employers Ins. of Wausau, 510 So.2d 1328 (La. App. 3d Cir.1987); Thompson v. Alamo Glass Co., supra; Crocket v. American Tobacco Co., 407 So.2d 1330 (La.App. 3d Cir.1981); Soileau v. Bituminous Cas. Corp., 348 So.2d 1313 (La.App. 3d Cir.1977); and Alfred v. Travelers Insurance Company, 322 So.2d 872 (La.App. 3d Cir.1975).

TRIAL COURT’S REASONS FOR JUDGMENT

As we understand the trial court’s reasons for judgment, it relied on its determination that Betty Bruno was “very believable and honest.” Further, the trial court reconciled the testimony of Gary Adams, a co-worker of Mrs. Bruno’s, with the testimony of plaintiff and found that an on-the-[1021]*1021job accident occurred while Mrs. Bruno was employed with Harbert.

PROOF BY CLAIMANT’S OWN TESTIMONY

The plaintiff urges that we should affirm the trial court’s finding by following the approach of the Louisiana Supreme Court in West v. Bayou Vista Manor, Inc., supra. In particular she urges that her own testimony should prevail over any adverse inferences which the evidence might suggest.

In West

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Related

Bruno v. Harbert Intern. Inc.
593 So. 2d 357 (Supreme Court of Louisiana, 1992)
Bruno v. Harbert International Inc.
586 So. 2d 519 (Supreme Court of Louisiana, 1991)

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580 So. 2d 1018, 1991 La. App. LEXIS 1370, 1991 WL 86255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruno-v-harbert-international-inc-lactapp-1991.