Chaisson v. Compass Grp., USA, Inc.

270 So. 3d 877
CourtLouisiana Court of Appeal
DecidedMay 1, 2019
Docket18-843
StatusPublished

This text of 270 So. 3d 877 (Chaisson v. Compass Grp., USA, Inc.) 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
Chaisson v. Compass Grp., USA, Inc., 270 So. 3d 877 (La. Ct. App. 2019).

Opinion

PERRY, Judge.

Dekeisha Lashun Chaisson (Chaisson) appeals the workers' compensation judgment denying her claim for workers' compensation benefits based on her failure to prove the occurrence of an accident arising out of and in the course and scope of her employment with Defendant, Compass Group, USA, Inc. (Compass). For the following reasons, the judgment of the Office of Workers' Compensation is affirmed.

FACTS

Bateman Community Living,1 which is owned and operated by Compass, employed *879Chaisson as a caterer from August 10, 2015, until her termination on June 21, 2017. Her duties involved delivering and serving food at different locations.

On July 12, 2017, Chaisson filed a Form 1008 Disputed Claim for Compensation (1008) seeking benefits and medical treatment pursuant to the Louisiana Workers' Compensation Act, La.R.S. 23:1021 -1415, for injuries she allegedly sustained in two separate workplace accidents. In the 1008, Chaisson alleged an accident was reported on March 25, 2017, to Supervisor, Paul Scelfo (Scelfo), and described: "Lifting filled catering trays[.] First injured while lifting heavy, long pans filled with food in September 2016, claimant continued to work in pain. On 5-25-17, she re-injured her spine. Pain, including headaches, caused claimant to miss many days of work for which she was terminated." Chaisson sought an additional award for statutory penalties and attorney fees, asserting Compass refused to pay benefits or authorize medical treatment.

In its August 2017 Answer, Compass denied Chaisson's entitlement to workers' compensation benefits, disputed her disability, and denied liability for penalties and attorney fees on the basis that Chaisson never reported a workplace injury. In addition, Compass asserted a fraud claim against Chaisson pursuant to La.R.S. 23:1208.

On November 21, 2017, Chaisson filed a First Amended Form 1008 Disputed Claim for Compensation (Amended 1008). In the Amended 1008, Chaisson alleged an accident was reported on May 23, 2017, to Scelfo, and described:

Lifting filled catering trays[.] Claimant first injured her low back while lifting heavy, long pans filled with food in September 2015.[2 ] Claimant continued to work in pain. On or about May 23 or 24, 2017,[3 ] she injured her left neck with radiating pain to the back, and aggravated her low back while lifting pans at work. At Lafayette General [Medical Center (LGMC) ] May 25, claimant recalled no accident. The healthcare provider concluded that lifting the pans at work two days prior caused the left lateral neck pain that radiated down posterior back.

Compass reiterated its denials in answer to the Amended 1008.

Following a trial on April 26, 2018, the workers' compensation judge (WCJ) ruled in favor of Compass and dismissed Chaisson's claims. Chaisson appeals. For the reasons that follow, we must affirm.

In her first assignment of error, Chaisson alleges the WCJ committed an error of law in reaching the decision that the criteria set forth in Bruno v. Harbert Int'l, Inc. , 593 So.2d 357 (La.1992), did not apply to her unwitnessed work injury. Secondly, she assigns error to the denial of her claims for workers' compensation benefits, as well as penalties and attorney fees.4

It is Chaisson's contention the WCJ's ruling was primarily based upon Chaisson's formal claim being filed only after being terminated sixteen workdays after her injury. According to Chaisson, Compass knew she suffered injuries at work, knew she sought medical treatment, and *880knew her absences were due to injury-related pain. Compass repudiates any workplace accident or injury ever occurred, claims Chaisson was justly terminated for excessive absences, and charges Chaisson with filing her claim to punish Compass for her termination.

LAW AND DISCUSSION

Appellate courts review factual determinations in workers' compensation cases using the manifest error standard of review. Smith v. Louisiana Dep't of Corrs. , 93-1305 (La. 2/28/94), 633 So.2d 129. Only if we find the trial court committed an error of law that interdicted the fact-finding process will we conduct a de novo review. Campo v. Correa , 01-2707 (La. 6/21/02), 828 So.2d 502.

In Bruno , 593 So.2d 357, 361, the Louisiana Supreme Court considered a workers' compensation case where, as here, the accident was unwitnessed, and set forth the claimant's burden of proof and the criteria to be used by courts in determining whether an unwitnessed but compensable accident has occurred:

[T]he plaintiff-worker in a compensation action has the burden of establishing a work-related accident by a preponderance of the evidence. [ Prim v. City of Shreveport , 297 So.2d 421 (La.1974) ]; Nelson [v. Roadway Express, Inc. , 588 So.2d 350 (La. 1991) ]. 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. West v. Bayou Vista Manor, Inc. , 371 So.2d 1146 (La.1979) ; Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation , § 253 (2d Ed.1980). Corroboration of the worker's testimony may be provided by the testimony of fellow workers, spouses or friends. Malone & Johnson, supra ; Nelson , [588 So.2d 350 ]. Corroboration may also be provided by medical evidence. West , [371 So.2d 1146 ].

After examination of the evidence, we find the record supports the WCJ's conclusion Chaisson failed to prove a compensable injury by a preponderance of the evidence.

At trial, Chaisson's co-employee, Preston Edwards, testified on her behalf. When asked whether he recalled Chaisson "ever complaining or being injured on the job[,]" he replied, "Yes ... she was complaining about lifting up heavy things, where she couldn't raise up things over. ... Like pans ... she carries around[.]" Edwards claimed Chaisson told him she injured her back. He testified he occasionally assisted Chaisson by loading items which were too heavy for her to lift.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bruno v. Harbert Intern. Inc.
593 So. 2d 357 (Supreme Court of Louisiana, 1992)
Prim v. City of Shreveport
297 So. 2d 421 (Supreme Court of Louisiana, 1974)
Campo v. Correa
828 So. 2d 502 (Supreme Court of Louisiana, 2002)
Smith v. Louisiana Dept. of Corrections
633 So. 2d 129 (Supreme Court of Louisiana, 1994)
Nelson v. Roadway Exp., Inc.
588 So. 2d 350 (Supreme Court of Louisiana, 1991)
Rosell v. Esco
549 So. 2d 840 (Supreme Court of Louisiana, 1989)
West v. Bayou Vista Manor, Inc.
371 So. 2d 1146 (Supreme Court of Louisiana, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
270 So. 3d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaisson-v-compass-grp-usa-inc-lactapp-2019.