Buxton v. Sunland Const.

793 So. 2d 526, 2001 La. App. LEXIS 1900, 2001 WL 946871
CourtLouisiana Court of Appeal
DecidedAugust 22, 2001
Docket34,995-WCA
StatusPublished
Cited by12 cases

This text of 793 So. 2d 526 (Buxton v. Sunland Const.) 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
Buxton v. Sunland Const., 793 So. 2d 526, 2001 La. App. LEXIS 1900, 2001 WL 946871 (La. Ct. App. 2001).

Opinion

793 So.2d 526 (2001)

Michael BUXTON, Plaintiff-Appellant,
v.
SUNLAND CONSTRUCTION, Defendant-Appellee.

No. 34,995-WCA.

Court of Appeal of Louisiana, Second Circuit.

August 22, 2001.

*528 McKeithen, Ryland & Champagne by Louis V. Champagne, Columbia, Rebel G. Ryland, Tonya Courson Culp, Sonny N. Stephens, Winnsboro, Counsel for Appellant.

Lunn, Irion, Salley, Carlisle & Gardner by Walter S. Salley, Shreveport, Counsel for Appellee.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

GASKINS, J.

The plaintiff, Michael Buxton, appeals a decision by a workers' compensation judge *529 (WCJ) denying his claim for workers' compensation benefits. The WCJ found that the plaintiff failed to prove a work-related accident or injury, citing the plaintiff's failure to notify his employer or his physician that he had an alleged work-related injury, and his failure to identify exactly when the alleged injury occurred. For the following reasons, we affirm.

FACTS

The plaintiff was employed in May 1998 as a pipeline construction worker with Sunland Construction, Inc. He claims that on August 12, 1998, he injured his left arm while picking up skids and loading them onto a winch truck. The skids were pieces of wood weighing up to 50 pounds which were used to stack pipe. He asserted that he reported the injury to a co-worker and that he sought medical treatment on August 17, 1998. The plaintiff filed a disputed claim for compensation on February 3, 1999, complaining that the defendant failed to pay weekly compensation benefits or medical expenses. He sought to recover those benefits as well as penalties, interest and attorney fees.

Trial on the matter was held on March 16, 2000. The plaintiff gave somewhat confusing testimony as to what took place. He testified that he did not remember the exact date that he hurt his arm. He contended that it just progressively worsened until he could no longer work. The plaintiff stated that his alleged injury did not happen on a particular day, but simply developed over time. He claimed that he told a co-worker, Steve Grant, about the problem and that he thought it was Mr. Grant's duty to file a report. The plaintiff stated that he did not personally report a work-related accident or injury to the company's safety manager, Kevin Matthews. The plaintiff clarified that he had previously had "tennis elbow" whereas in the present case he had pain on the inside of his elbow. Work was stopped for a few days due to rain and when his arm did not improve, he took off work to seek medical treatment. He went to Dr. Ralph Abraham and thought that he told the doctor's bookkeeper or secretary that this was a work-related injury. He explained that he got a note from Dr. Abraham to be off work for a couple of weeks, but was not given any work restrictions. When the plaintiff went back to the company, he claimed that he was told that he was no longer needed.

Several months later, he saw Dr. Brian Bulloch who diagnosed him with musculotendinous strain of the distal biceps and recommended physical therapy. The plaintiff stated he attended physical therapy for about two weeks.

The plaintiff admitted that a safety meeting was held every Monday and at the August 17, 1998 safety meeting, he signed a statement indicating that he had not been involved in a work-related accident or injury. He claimed that he signed the statement but did not read it. At trial the plaintiff testified that he reported the problem with his arm to a co-worker before they ceased work for a few days due to a rain-out. However, in a deposition the plaintiff said that he made the complaint after the rain-out.

Arnola Matthews, the company's office manager, testified that the plaintiff actually quit his job on August 18, 1998, saying that he needed to take care of a problem with his arm. Ms. Matthews asked the plaintiff if he filled out an accident report. The plaintiff answered that he had not because his arm problem was not related to his job, but rather was something that he already had.

Kevin Matthews, the field safety representative with the company, testified that the plaintiff was informed of the proper *530 procedures for reporting a work-related accident or injury. He stated that he was informed that the plaintiff did not report to work because his arm was hurting. The plaintiff brought his medical bills to the office for payment. Mr. Matthews called the plaintiffs doctor to make inquiries and was told that the arm problem was not work-related. At that point, the plaintiff refused to see the company's doctor. The plaintiff also rejected filling out an accident report, explaining at the hearing that he could not spell well enough to complete the form. Mr. Matthews testified that, as the company field representative, he frequently saw the plaintiff at work and the plaintiff never told him that he had sustained a job-related accident or injury. According to Mr. Matthews, he only had notice that the plaintiff was claiming a work-related accident or injury when he was contacted by an attorney for the plaintiff.

On May 8, 2000, the WCJ read reasons for judgment into the record finding that the plaintiff failed to prove that he sustained a work-related accident or injury. The WCJ noted that the plaintiff stated that he began having pain in his left arm a few days prior to August 12, 1998, and that the pain increased to the point of requiring medical attention on August 19, 1998. The plaintiff also stated that the pain appeared over the course of two to three weeks. The WCJ concluded that the plaintiff failed to meet his burden of showing a work-related accident. The accident was unwitnessed. Although the plaintiff claimed that he told a co-worker about the accident, the WCJ found that the co-worker did not corroborate a contemporaneous complaint of an accident. The WCJ also found that the plaintiff was aware of the procedures for reporting a work-related accident and he failed to comply. On August 18, 1998, when he requested time off to go to the doctor with his arm, he was asked whether he needed to file an accident report. The plaintiff indicated that filing a report would not be necessary because there was no accident. Further, the plaintiff had previous problems with his left elbow, but never told anyone that this was a reinjury of a previous problem. According to the WCJ, when the plaintiff saw his physician, he did not claim that he had sustained a work-related injury. The WCJ concluded that there was reason to reject the claimant's version of the accident and his claim for benefits was denied. A judgment to that effect was signed on May 22, 2000. The plaintiff appealed the judgment.

LEGAL PRINCIPLES

Workers' compensation benefits are available for claimants who suffer personal injury by accident arising out of and in the course of employment. La. R.S. 23:1031(A). An employment-related accident is 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 a gradual deterioration or progressive degeneration. La. R.S. 23:1021(1).

Although La. R.S. 23:1021(1) defines "accident" to encompass a weakened condition which collapses due to a precipitous event, that definition does not include a weakened condition which gradually deteriorates over time. The key requirement is that a precipitous event directly produce sudden objective findings of an injury rather than a mere manifestation of a gradual deterioration or progressive deterioration. Bruno v. Harbert International Inc.,

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Bluebook (online)
793 So. 2d 526, 2001 La. App. LEXIS 1900, 2001 WL 946871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buxton-v-sunland-const-lactapp-2001.