Cameron v. Delta Plumbing

870 So. 2d 1067, 2003 La.App. 4 Cir. 0985, 2004 La. App. LEXIS 809, 2004 WL 744884
CourtLouisiana Court of Appeal
DecidedMarch 17, 2004
Docket2003 CA 0985
StatusPublished
Cited by2 cases

This text of 870 So. 2d 1067 (Cameron v. Delta Plumbing) 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
Cameron v. Delta Plumbing, 870 So. 2d 1067, 2003 La.App. 4 Cir. 0985, 2004 La. App. LEXIS 809, 2004 WL 744884 (La. Ct. App. 2004).

Opinion

870 So.2d 1067 (2004)

David CAMERON
v.
DELTA PLUMBING.

No. 2003 CA 0985.

Court of Appeal of Louisiana, Fourth Circuit.

March 17, 2004.

*1069 David E. Cameron, Picayune, MS, Plaintiff/Appellee, David E. Cameron, in Pro Se.

L. Jay McCreary, John J. Erny, III, Metairie, LA, for Defendants/Appellants.

(Court Composed of Judge James F. McKay, III, Judge Max N. Tobias, Jr., and Judge Leon A. Cannizzaro, Jr.).

MAX N. TOBIAS, JR., Judge.

This is a workers' compensation case. After trial on the merits, the trial judge found that the claimant had sustained a work-related injury on 19 March 1999 in the course and scope of his employment for his employer and was entitled to recover temporary total disability benefits for an unspecified period of time commencing 19 March 1999; medical, medication, and transportation expenses commencing 19 March 1999; and penalties for the employer's arbitrary and capricious actions.[1] The trial court further ordered that a future hearing be at a later unspecified date conducted to determine the duration of the claimant's disability.

The claimant, David Cameron ("Cameron"), was working for Delta Plumbing ("Delta") on 19 March 1999 when he allegedly suffered a work-related accident. Specifically, Cameron claims that he injured his back when he fell picking up a jackhammer.[2] At the time of the alleged accident, Cameron was working with the *1070 co-owner of Delta, Frank Schellange ("Schellange"), at a jobsite. Testimony established that Schellange did not actually see the incident, but was immediately made aware of it by Cameron. Cameron was seen in the emergency room of East Jefferson General Hospital that day, complaining of back pain. The emergency room personnel recommended bed rest of unspecified duration and that Cameron should follow-up with his treating physician.

Shortly thereafter, Cameron contacted the Delta office and informed Schellange's son, the bookkeeper for Delta, that he would not be able to return to work for 10 to 14 days due to his injury. Cameron never returned to work with Delta and never filed an accident report with Delta. Cameron began treating with J. Monroe Laborde, M.D., for back pain on 23 March 1999. On 3 April 2000, a disputed workers' compensation claim was filed. Cameron testified that he had not worked since the accident and had not been paid workers' compensation benefits.

This matter proceeded to trial before a workers' compensation judge, the Honorable Clara F. Toombs, on 10 July 2002. Before judgment could be rendered, Judge Toombs stepped down to run for political office and her successor, the Honorable Sylvia T. Steib, rendered judgment, without written or oral reasons, on 3 January 2003 after a review of the transcript and record.

The judgment awarded Cameron temporary total disability benefits of unspecified duration commencing 19 March 1999, payment of all medical, medication, and transportation expenses (of an unspecified amount) commencing 19 March 1999, and penalties in the amount of $2,000.00 for the employer's arbitrary and capricious refusal to pay benefits. The court further ordered that a contradictory hearing be conducted at a later time to determine the duration of Cameron's disability. The record on appeal does not reflect that the contradictory hearing has taken place. Nothing in the record indicates that the trial court would determine the quantum, if any, of any medical, medication, or transportation expenses at a later date.

Delta and its workers' compensation insurer, Hartford Insurance Company, (hereinafter collectively referred to as the "appellants"), timely filed this devolutive appeal. The appellants assign as error the workers' compensation judge's finding that Cameron met the requisite burden of proof establishing his entitlement to compensation benefits.

Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), 696 So.2d 551, 556.

A claimant in a workers' compensation proceeding has the initial burden of proof as to causation. Dean v. K-Mart Corp., 97-2850, p. 3 (La.App. 4 Cir. 7/29/98), 720 So.2d 349, 352. In order for a claimant to be entitled to recover workers' compensation benefits, he or she must prove by a preponderance of the evidence that a work-related accident occurred and that an injury was sustained. A claimant's testimony alone may be sufficient to discharge this burden of proof, 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. Bruno v. Harbert International Inc., 593 So.2d 357, 361 (La.1992).

La. R.S. 23:1031(A) provides for the payment of compensation if an employee sustains personal injury as the result of an *1071 accident arising out of and in the course of employment. In determining whether a worker has shown by a preponderance of the evidence that an injury causing accident occurred in the course and scope of employment, the trier of fact is expected to focus on the issue of credibility because, absent contradictory circumstances and evidence, a claimant's testimony is accorded great weight. Bruno, supra at 361.

In the present case, the appellants base their argument on the fact that the accident was un-witnessed and that Cameron never completed or executed an accident report. After a thorough review of the record, we see no error on the part of the trial court in finding that Cameron sustained a work-related injury in the course and scope of his employment for Delta.

It is clear from the trial testimony that although Schellange may not have seen Cameron fall, he was immediately made aware of the incident. Further, Schellange acknowledged that Cameron had to do lighter work for the rest of that day after the incident. Finally, the accident was corroborated by an emergency room report wherein Cameron reported that he injured his back on the job while using a jackhammer. When questioned about his failure to file an accident report, Cameron explained that he did not think it was necessary considering the fact that Schellange was with him when the accident happened and because he informed Schellange's son that he was unable to return to work because of his injury.

La. R.S. 23:1221(1)(c) provides in pertinent part that:

... compensation for temporary total disability shall be awarded only if the employee proves by clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment or self-employment....

It is the workers' compensation court's function to determine the weight to be accorded medical and lay testimony in a workers' compensation claim for an award of disability benefits, and its factual determination should not be disturbed on appellate review unless it is clearly wrong and the trial court has committed manifest error. Starkman v. Munholland United Methodist Church, 97-661, p. 15 (La.App. 5 Cir. 1/4/98), 707 So.2d 1277, 1284; see also, Stobart v. State, Department of Transportation & Development, 617 So.2d 880 (La.1993).

The appellants argue that Cameron did not submit competent medical evidence at trial to prove the injuries that he sustained. We agree.

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Related

Cameron v. Delta Plumbing
976 So. 2d 343 (Louisiana Court of Appeal, 2008)
Williams v. Saint Gobain Containers
893 So. 2d 144 (Louisiana Court of Appeal, 2005)

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Bluebook (online)
870 So. 2d 1067, 2003 La.App. 4 Cir. 0985, 2004 La. App. LEXIS 809, 2004 WL 744884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cameron-v-delta-plumbing-lactapp-2004.