Ceasar v. Crispy Cajun Restaurant

643 So. 2d 471, 94 La.App. 3 Cir. 30, 1994 La. App. LEXIS 2589
CourtLouisiana Court of Appeal
DecidedOctober 5, 1994
Docket94-30
StatusPublished
Cited by27 cases

This text of 643 So. 2d 471 (Ceasar v. Crispy Cajun Restaurant) 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
Ceasar v. Crispy Cajun Restaurant, 643 So. 2d 471, 94 La.App. 3 Cir. 30, 1994 La. App. LEXIS 2589 (La. Ct. App. 1994).

Opinion

643 So.2d 471 (1994)

Judy CEASAR, Plaintiff-Appellant,
v.
CRISPY CAJUN RESTAURANT, Defendant-Appellee.

No. 94-30.

Court of Appeal of Louisiana, Third Circuit.

October 5, 1994.

*472 Gary J. Ortego, for Judy Ceasar.

Tara Cochran, for Crispy Cajun Restaurant.

Before KNOLL, THIBODEAUX and SAUNDERS, JJ.

SAUNDERS, Judge.

Plaintiff-appellant, Judy Ceasar, appeals from a judgment of the Office of Workers' Compensation, District 2, denying her claim for workers' compensation benefits, penalties, and attorney's fees. The hearing officer found the plaintiff-appellant failed to prove that a work-related accident occurred and that the plaintiff's medical condition was not a work-related occupational disease. As a consequence of these findings, the hearing officer dismissed the plaintiff's claim with prejudice and awarded no benefits, penalties, or attorney's fees.

On appeal, Judy Ceasar contends that the hearing officer erred when she ruled that no work-related accident occurred and that she failed to show by an overwhelming preponderance that she contracted an occupational disease due to her work. Ms. Ceasar maintains that she is entitled to an award of *473 temporary total disability benefits, penalties, and attorney's fees.

For the reasons which follow, we reverse the hearing officer's judgment.

FACTS

Judy Ceasar (hereinafter CEASAR) worked at Crispy Cajun Restaurant[1] (hereinafter CRISPY CAJUN) from February 13, 1992, to October 4, 1992. CEASAR worked primarily as a cook. Her daily duties included cooking rice, preparing rice dressing, making batter, peeling shrimp and cooking chicken, gizzards, liver, and chicken nuggets. CEASAR worked forty (40) hours per week and was paid $4.75 per hour.

During the cooking process, CEASAR was not required to perform the heavier or more physical duty of removing the chicken from the fryers and dumping it into the warming bins. From time to time, however, when CEASAR'S male co-workers were occupied with their duties, CEASAR removed the chicken from the cookers herself. On August 9, 1992, CEASAR lifted a basket of chicken from the cooker about one (1) foot above her head to place the chicken into the warming bin when she felt a sharp pain on the inside of her wrists and hands, and a numbing sensation in her fingertips. The pain either forced her to drop the basket or place it on a table. After the incident, she continued to work at CRISPY CAJUN until her disabling injury forced her to terminate her employment on October 4, 1992.

CEASAR sought treatment on August 13, 1992, four (4) days after the incident. Her initial treating physician, a gynecologist, referred CEASAR to an orthopedist, who treated her on August 18, 1992. The orthopedist ordered a nerve conduction study, which was completed on September 10, 1992, at Rapides Regional Medical Center. The results of that study established that CEASAR suffered from carpal tunnel syndrome. CEASAR'S treating physician recommended and scheduled CEASAR for surgery on October 30, 1992. CRISPY CAJUN refused to pay for the medical treatment. Indeed, as of the date of the trial, the surgery had not been performed.

This proceeding was initiated when CEASAR'S demands for payment of workers' compensation and medical treatment were denied by CRISPY CAJUN. On May 6, 1993, a trial on the merits was held. In her reasons for judgment rendered on July 30, 1993, the hearing officer found that CEASAR failed to prove that an accident occurred and that CEASAR failed to show by the requisite degree of proof that she suffered from an occupational disease, i.e. carpal tunnel syndrome, as a result of her work at CRISPY CAJUN. As a result of her factual findings, the hearing officer pretermitted on the issues of penalties and attorney fees.

From those rulings, the plaintiff appeals.

I. Issues Presented

1) Whether the hearing officer erred in finding that no accident and disabling injury occurred during the course and scope of her employment with CRISPY CAJUN. 2) Whether the trial court erred in finding that CEASAR failed to show by an overwhelming preponderance of the evidence that the carpal tunnel syndrome was an occupational disease caused by her work at CRISPY CAJUN.

This court pretermits the second issue raised by appellant because we find that the hearing officer committed manifest error in failing to find that CEASAR suffered a work-related accident and disabling injury.

Issue I

Whether the hearing officer erred in finding that no accident occurred during the course and scope of CEASAR'S employment with CRISPY CAJUN.

To establish that a claimant is entitled to workers' compensation benefits, claimant must prove by a preponderance of the evidence that an accident occurred during the course and scope of his employment; the accident caused his injuries; and the injury caused his disability. Kennedy v. Security *474 Indus. Ins. Co., 623 So.2d 174 (La. App. 3d Cir.), writ denied, 629 So.2d 389 (La.1993); reconsideration denied, 630 So.2d 251 (La.1993). A preponderance of the evidence requires a plaintiff to show the fact sought to be proved is more probable than not. Lasha v. Olin Corp., 625 So.2d 1002 (La.1993). Once he has established the aforementioned elements, pursuant to La. R.S. 23:1221(1), a claimant must then show by "clear and convincing" evidence that he is temporarily totally disabled.[2]

We first point out that in briefing the burden of proof carried by a plaintiff in workers' compensation claims, CRISPY CAJUN cites Narcisse v. Employers Ins. of Wausau, 510 So.2d 1328 (La.App. 3d Cir. 1987) for the proposition that in cases where the plaintiff's testimony is the sole evidence at trial, a workers' compensation claimant's burden becomes proof by "clear and convincing evidence." The Narcisse holding, at least as to the burden of proof concerning the occurrence of an accident and its causal link to an injury, is contrary to current Louisiana law. "[I]t is improper for a court to impose a higher standard of proof on a worker simply because she was the only witness, as to do so `in effect place[s] a duty upon this compensation claimant to prove her case greater than that required by the jurisprudence.'" Bruno v. Harbert Intern. Inc., 593 So.2d 357, 364 (La.1992) (citing West v. Bayou Vista Manor, Inc., 371 So.2d 1146, 1150 (La.1979)). "The worker's burden of proof, even if the worker is the sole witness of the accident, is by a preponderance of the evidence." Id. (Emphasis added). Consequently, our review of the hearing officer's findings and rulings about the occurrence of the accident and causation shall be in accordance with the holding in Bruno, namely, whether CEASAR proved by a preponderance of the evidence that she suffered a work-related accident and that the accident caused her injuries.

It is undisputed that at the time CEASAR alleged the accident occurred she was in the course and scope of her employment. Additionally, both parties stipulated to the medical findings that reveal CEASAR suffers from severe carpal tunnel syndrome in the right hand and mild to modest carpal tunnel syndrome in the left hand. Consequently, the principal issues to be reviewed by this court is whether the hearing officer committed manifest error or was clearly wrong in her finding that no injury causing work-related accident occurred.

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Bluebook (online)
643 So. 2d 471, 94 La.App. 3 Cir. 30, 1994 La. App. LEXIS 2589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ceasar-v-crispy-cajun-restaurant-lactapp-1994.