Catchot v. RAMCO Construction

818 So. 2d 105, 2000 La.App. 1 Cir. 1922, 2001 La. App. LEXIS 2680, 2001 WL 1417655
CourtLouisiana Court of Appeal
DecidedNovember 14, 2001
DocketNo. 2000 CA 1922
StatusPublished
Cited by6 cases

This text of 818 So. 2d 105 (Catchot v. RAMCO Construction) 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
Catchot v. RAMCO Construction, 818 So. 2d 105, 2000 La.App. 1 Cir. 1922, 2001 La. App. LEXIS 2680, 2001 WL 1417655 (La. Ct. App. 2001).

Opinion

| .WILLIAM F. KLINE, Jr., Judge Pro Tern.

This is an appeal by a claimant from a judgment dismissing his claim for workers’ compensation benefits. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Claimant, Joseph J. Catchot, Jr., was employed by RAMCO Construction (“RAMCO”) in its drywall and acoustical ceiling contracting business. Mr. Catchot alleges that sometime between December 1998 and May 1999, he sustained serious injuries to his shoulders while in the course and scope of his employment, resulting in surgery on his right shoulder on June 30, 1999, to correct a torn rotator cuff.2 Additionally, Mr. Catchot alleges that on June 21, 1999, he sustained a serious injury to his lumbar spine while in the course and scope of his employment, which aggravated a preexisting condition and that resulted in disc protrusions at the L3-L4, L4-L5, and L5-S1 levels.

In August of 1999, Mr. Catchot filed a disputed claim for compensation with the Office of Workers’ Compensation (“OWC”). In response, RAMCO denied that Mr. Catchot suffered any work-related injury. Following a trial on the merits held April 19, 2000, the OWC judge rendered judgment on May 19, 2000, dismissing Mr. Catchot’s claim. No reasons were assigned by the OWC judge. Mr. Catchot appeals this judgment alleging the OWC erred in failing to award him compensation benefits, penalties, and attorney fees.

DISCUSSION

An employee who sustains a personal injury by accident arising out of and in the course and scope of his employment is [107]*107entitled to collect workers’ compensation from his employer, unless he is otherwise eliminated from benefits under the provisions of Title 23. La. R.S. 23:1031(A). “Accident” means 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 claimant has the burden of .proof to establish a work-related accident by a preponderance of the evidence. Bruno v. Harbert International Inc., 593 So.2d 357, 361 (La.1992); Parfait v. Gulf Island Fabrication, Inc., 97-2104, p. 5 (La.App. 1st Cir.1/6/99), 733 So.2d 11, 17. A worker’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 at 361; Parfait v. Gulf Island Fabrication, Inc., 733 So.2d at 17. Corroboration of the worker’s testimony may be provided by the testimony of fellow workers, spouses or friends, or by medical evidence. Bruno v. Harbert International Inc., 593 So.2d at 361.

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 v. Harbert International Inc., 593 So.2d at 361; Parfait v. Gulf Island Fabrication, Inc., 733 So.2d at 17. A workers’ compensation judge’s determinations as to whether the claimant’s testimony is credible and whether the claimant has- discharged his burden of proof are factual determinations which will not be disturbed upon review in the absence of manifest error or unless clearly wrong. Id.

In the instant case, in dispute is whether the claimant suffered compensable workers’ compensation injuries to his shoulders and back. The OWC judge obviously concluded that he did not.

The record reflects that Mr. Catchot worked for RAMCO on and off for approximately four years. Specifically, Mr. Cat-chot was employed by RAMCO during the following time periods: July 31, 1995 to February 9, 1996; March 4, 1996 to April 15, 1996; August 26, 1996 to September 15, 1996; October 31, 1996 to March 27, 1998; May 14, 1998 to June 16, 1998; and, October 2, 1998 to June 21, 1999. In 1998, Mr. Catchot also worked for Hardin Construction Company, Inc., from February 13.1998 to April 27,1998, and from August 25.1998 to September 16,1998.

Mr. Catchot testified that his shoulders first began bothering him in late 1997 “toward the end of the cotton mill [job].” At that time, Mr. Catchot testified that he was working with joists that weighed ninety to one hundred pounds and that he did not have! ¿help lifting them onto a table for cutting. Mr. Catchot said that he complained of pain to Mike Latino, the job superintendent, and to “Ronnie,” the foreman. According to Mr. Catchot’s trial testimony, he first sought treatment for his shoulder from Dr. Maumus, “right before the Navy base job.”3 Mr. Catchot was [108]*108eventually referred to Dr. Warren R. Bourgeois, III, an orthopedic surgeon, who performed arthroscopic surgery on June 30, 1999, to repair a rotator cuff tear in appellant’s right shoulder. Immediately prior to his June 1999 surgery, appellant testified that he slipped and fell while at work, injuring his lower back.

Ronald Debautte, a RAMCO foreman, testified he recalled Mr. Catchot complaining of shoulder pain during the cotton mill job, which he said was in the early part of 1998, and also subsequently at the 1998 naval base job. Mr. Debautte also stated that when an employee went to his own doctor, as Mr. Catchot did, no written report was made and it was “understood that if something happened, we would back the person up.” However, Mr. Debautte admitted if Mr. Catchot had been injured in an accident on the job, he would have filed a report.

Mr. Catchot testified that he had never had any injury to his shoulders apart from that caused by the “heavy work” he did for RAMCO. He further stated that the first time he complained of his shoulders to his physician, Dr. Maumus, was during the naval base job. Mr. Catchot testified that he first noticed something was wrong with his shoulders when he was working at the navy base. While lifting sheet rock there, he experienced pain and his shoulders would pop, crack, and lock in place.

The only specific incident that Mr. Cat-chot could point to as causing his injury was when he was carrying sheet rock up stairs at the navy base in 1998. When confronted by defense counsel at trial with his prior interrogatory response that his shoulder problem began in January of 1999, Mr. Catchot stated, “That’s when they kept coming back and forth with the same answer messing me up on the dates. I mean, when you confuse somebody, you running here, you running there, you don’t expect somebody to answer you properly, do you?”

Mr. Catchot hesitantly admitted at trial that at the time he first complained of pain to Dr. Maumus, on October 22, 1998, he told her that he had been having pain for about Ra month. Defendant points out that Mr. Catchot was not working for RAMCO in September of 1998, within the month prior to October 22, 1998, when he first reported to Dr. Maumus that he began experiencing pain. Further, defendant directs the court’s attention to the fact that Mr. Catchot worked for Hardin Construction Company from August 25, 1998 through September 16,1998.

Prior to the time he injured his shoulders, Mr.

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Bluebook (online)
818 So. 2d 105, 2000 La.App. 1 Cir. 1922, 2001 La. App. LEXIS 2680, 2001 WL 1417655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catchot-v-ramco-construction-lactapp-2001.