Calumet GP, LLC v. Garrett

186 So. 3d 712, 2016 La. App. LEXIS 76, 2016 WL 231531
CourtLouisiana Court of Appeal
DecidedJanuary 20, 2016
DocketNo. 50,341-WCA
StatusPublished
Cited by4 cases

This text of 186 So. 3d 712 (Calumet GP, LLC v. Garrett) 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
Calumet GP, LLC v. Garrett, 186 So. 3d 712, 2016 La. App. LEXIS 76, 2016 WL 231531 (La. Ct. App. 2016).

Opinion

CARAWAY, J.

11 This workers’ compensation dispute is based on the alleged aggravation of claimant’s preexisting condition while working in the course and: scope of his employment on October 3, 2012. . -The work-related incident reported by plaintiff on that date, was not détermined by the Workers’ Compensation Judge (“WCJ”) to "amount to an accident, instead, the WCJ" determined that this incident merely involved á continuation'of claimant’s ongoing painful condition and was not an aggravation caused by the accident. From our review of the record, finding no manifest error, we" affirm.

Facts

Harold Garrett (“Garrett”) worked for Calumet GP, LLC (“Calumet”), an oil refinery, since 1992. Garrett stopped working in March of 2012 because of increasing low back pain and did not return to work until July of 2012. There was no assertion of a work-related injury pertaining to his back condition during that period.1

On October 3, 2012,'while working in the course and scope of his employment as a blender and loader-of railcars, Garrett said that he felt a sudden pain in his lower back and leg while he was crouching down under a railcar to hook up a hose. Although no one witnessed this incident, a coworker and personal friend, Terry Sanders (“Sanders”), appeared afterwards and helped Garrett get up from under the rail-car. Thereafter, |aCalumet treated the incident as a work accident and began extending workers’ compensátion benefits to Garrett .through its workers’ compensation insurer, Ace American Insurance Co. (“Ace Insurance”).2

On' November 18, 2013, the claims adjuster for Ace Insurance, Cody Hubbard [715]*715(“Hubbard”), had a telephone conversation with Garrett. Hubbard wanted to know why, after a year, Garrett still could not return to work. Garrett told Hubbard that he is not able to work, and that his quality of life is diminished. He reported that he walks with a limp and uses a walker, does not go anywhere with his friends, and cannot enjoy his life. Garrett claimed that he has difficulty making the bed and indicated he would discuss social security disability with his doctor and ask about surgery.

Subsequently, Hubbard requested surveillance on Garrett and received a first report on December 2, 2013.3 Hubbard called Garrett that same day and Garrett told him that he was still using a walker to get around due to the pain. He also stated that the pain- was causing him to request a new epidural steroid injection and that he was unable to return to work in any capacity. Hubbard decided to terminate Garrett’s benefits on December 3, 2013, after concluding from the surveillance that Garrett’s statements to him were false.

|sOn December 19, 2013, Calumet filed a disputed claim for compensation, asserting that Garrett could not establish an accident with injury in the course and arising out of his employment and in the alternative, that Garrett violated La. R.S. 23:1208 by making material misrepresentations with regard to his physical abilities.

On January 4, 2014, Garrett made a reconventional demand against Calumet averring that he was entitled to indemnity benefits, medical treatment, medical mileage, penalties and attorney fees. Garrett also asserted an exception of vagueness, arguing that Calumet failed to inform him of the false statements he made pursuant to Calumet’s La. R.S. 23:1208 allegation. Eventually, Garrett made Ace Insurance an additional defendant.

The matter was tried on October 4, 2014. After considering the evidence, the applicablé law, and the argument for counsel, the WCJ gave written reasons for judgment on December 14, 2014. The court concluded that Garrett failed to prove a “compensable accident” as defined under the Workers’ Compensation Act, because the October 3 incident was merely a continuation of Garrett’s ongoing symptoms. The court also concluded that Garrett did not commit fraud and thus declined to assess civil penalties and/or restitution under La, R.S. 23:1208.

It is from this ruling that Garrett appeals. ■

Discussion

In a workers’ compensation case, the appropriate standard of review to be applied by the appellate court to the WCJ’s finding of fact is the manifest error or clearly wrong standard. Dean v. Southmark Const., 03-1051 (La.7/6/04), 879 So.2d 112; Dunlap v. Madison Parish Sch. Bd., 46,189 (La.App.2d Cir.4/13/11), 61 So.3d 833. Whether the claimant has carried his burden of proof and whether testimony is credible are questions of fact to be determined by the WCJ. Dunlap; supra; Harris v. Casino Magic, 38,137 (La.App.2d Cir.1/28/04), 865 So.2d 301, writ denied, 04-0502 (La.4/8/04), 870 So.2d 275. Unless shown to be clearly wrong, the WCJ’s factual findings of a work-related disability will not be disturbed where there is evi[716]*716dence which, upon the trier of fact’s reasonable evaluation of credibility, furnishes a reasonable, factual basis for those findings. - Id. When 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 (La.1989); Wilson v. General Motors Corp., 45,232 (La.App.2d Cir.5/26/10), 37 So.3d 602. Where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Rosell, supra, Morgan v. Glazers Wholesale Drug Co., 46,692 (La.App.2d Cir.11/2/11), 79 So.3d 417. The trier of fact’s determinations as to whether the worker’s testimony is credible and whether the worker discharged the burden of proof are factual determinations, not to be disturbed upon review unless clearly wrong. Harris v. City of Bastrop, 49,534 (La.App.2d Cir.1/14/15), 161 So.3d 948; Thomas v. GM Benefits & Serv. Ctr., 48,718 (La.App.2d Cir.1/15/14), 132 So.3d 464.

IsAn employee is entitled to worker’s compensation benefits if he receives a personal injury by accident arising/out of and in the course of his employment. La. R.S. 23:1031; McLin v. Industrial Specialty Contractors, Inc., 02-1539 (La.7/2/03), 851 So.2d 1135; Scott v. Super 1 Foods, 45,636 (La.App.2d Cir.9/29/10), 48 So.3d 1133. 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 simply a gradual deterioration or progressive degeneration. La, R.S. 23:1021(1). The term “accident” includes a weakened condition which collapses due to a precipitous event. Rice v. AT & T, 614 So.2d 358 (La.App. 2d Cir.1993).

Although the workers’ compensation law is liberally construed in favor of coverage, the claimant’s burden of proving an accident is not relaxed; she must prove by a preponderance of the evidence that an accident occurred and the resulting disability is related’ to an on-the-job injury. McLin, supra; Hofler v. J.P. Morgan Chase Bank, N.A., 46,047 (La.App.2d Cir.1/26/11), 57 So.3d 1128, 1134.

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Bluebook (online)
186 So. 3d 712, 2016 La. App. LEXIS 76, 2016 WL 231531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calumet-gp-llc-v-garrett-lactapp-2016.