Chambers v. LA PAC MFG., INC.

712 So. 2d 608, 97 La.App. 3 Cir. 1188, 1998 La. App. LEXIS 895, 1998 WL 195630
CourtLouisiana Court of Appeal
DecidedApril 22, 1998
Docket97-1188
StatusPublished
Cited by7 cases

This text of 712 So. 2d 608 (Chambers v. LA PAC MFG., 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
Chambers v. LA PAC MFG., INC., 712 So. 2d 608, 97 La.App. 3 Cir. 1188, 1998 La. App. LEXIS 895, 1998 WL 195630 (La. Ct. App. 1998).

Opinion

712 So.2d 608 (1998)

Kermit CHAMBERS, Plaintiff-Appellant,
v.
LA PAC MANUFACTURING, INC., Defendant-Appellee.

No. 97-1188.

Court of Appeal of Louisiana, Third Circuit.

April 22, 1998.

*609 Donald Lynn Mayeux, Eunice, for Kermit Chambers.

Jeffrey John Warrens, Baton Rouge, for LA PAC Mfg., Inc.

Before WOODARD, DECUIR and PETERS, JJ.

WOODARD, Judge.

The plaintiff, Kermit Chambers (Chambers), appeals the Office of Workers' Compensation's denial of his claim for workers' compensation benefits, payment of medical bills, penalties and attorney's fees, in connection with a suit he brought against his employer LA PAC Manufacturing, Inc. (LA PAC, Inc.) and its workers' compensation insurer, the Louisiana Workers' Compensation Corporation (LWCC). We affirm.

FACTS

On February 2, 1995, Chambers slipped on a greasy cat walk during the course and scope of his employment with LA PAC, Inc. as a laborer. He sustained injuries to his back and left wrist as he was carrying a sixty-five pound crate. Chambers received medical treatment at the American Legion Hospital emergency room in Crowley, Louisiana and received follow-up care from Dr. Lawrence Gardiner (Dr. Gardiner), his family physician, who then referred him to Dr. John Budden (Dr. Budden), an orthopedist. Prior to the incident, Chambers' average weekly wage was $209.64. After the accident, he received $139.76 in weekly compensation indemnity benefits from February 3, 1995, until August 17, 1995.

*610 On May 18, 1995, Chambers was arrested after having a physical altercation with his alleged wife, Alexia Williams (Williams). The Crowley City Police Department took him into custody. At the Crowley jail, Chambers placed all or part of a disposable razor into his mouth and swallowed one or more of its pieces. He was then taken to American Legion Hospital where Debra Tassin-Matte, R.N. (Nurse Tassin-Matte) and Dr. Mark Petitjean (Dr. Petitjean) evaluated him. Dr. Petitjean also referred Chambers to a mental health clinic based on his suicidal ideations.

On May 19, 1995, after Chambers' release from American Legion Hospital, he again visited Dr. Budden. His mother then made several attempts to have her son evaluated by a mental health institution. Her efforts were finally successful on May 31, 1995, when the sheriff's department transported Chambers to the Crowley Mental Health Center pursuant to an order of protective custody. While there, Charlotte Hargroder (Hargroder), a social worker, and Dr. Holden evaluated him, but Chambers was released since it was determined that he did not meet the requirements for an involuntary emergency admission.

On June 8, 1995, Chambers sustained a laceration to his wrist. He alleges that he was awakened due to leg pain, and as he was walking through one of the rooms in his house, his leg gave out, causing him to fall on a glass table and lacerate his wrist. Dr. Thomas Curtis (Dr. Curtis) treated him at the American Legion Hospital emergency room. On June 12, 1995, he saw Dr. Budden again and was referred to Dr. Louis Mes, a plastic surgeon, who gave him a brace to wear on his wrist.

On July 4, 1995, Chambers admitted himself to the Pauline Faulk Centre for Behavioral Health. He was discharged by American Legion Hospital either on July 5 or July 6, 1995 with a discharge diagnosis of depression with psychotic features and alcohol dependency.

On July 6, 1995, Chambers was incarcerated for a parole violation and spent almost three months in the Jefferson Davis Parish jail. During that time, he sought treatment once at the Moss Regional Medical Center. He spent September of 1995 to October of 1996 at the Calcasieu Parish Jail where he received pain medication for his back and arm and received visits from a physician. He spent the remainder of his time at the Avoyelles Parish Correctional Center where he was to remain in custody until about May 31, 1997.

Chambers filed suit against LA PAC, Inc and its workers' compensation insurer, the LWCC on August 5, 1996 for additional workers' compensation weekly indemnity benefits and medical expenses. The matter came up for trial on May 12, 1997. By judgment dated May 21, 1997, the workers' compensation judge ruled: that LWCC was not arbitrary and capricious in terminating his benefits on August 17, 1995, that Chambers failed to prove that the wrist injury was related to the previous back injury, that Chambers failed to establish a continued disability, that Williams was not a dependent entitled to benefits pursuant to La.R.S. 23:1201.4, and that the false statements made by Chambers were not made for the specific purpose of obtaining benefits. It is from those findings that Chambers devolutively appeals, and LA PAC Inc. answers.

ASSIGNMENTS OF ERROR

Chambers alleges that the Office of Workers' Compensation Court committed manifest error by finding that:

1. The claimant failed to prove by clear and convincing evidence that he remained temporarily, totally, disabled for any period of time after August 17, 1995 as a result of injuries sustained in the accident on February 2, 1995.
2. The claimant failed to prove that the wrist injury he sustained on June 8, 1995 resulted from or was caused by injuries sustained on February 2, 1995.
3. The claimant presented insufficient evidence to prove that he was married and had dependents who would have been entitled to his workers' compensation benefits while he was incarcerated.
*611 4. The defendants were not arbitrary and capricious in terminating benefits and therefore not awarding penalties and attorney fees.
5. That claimant was not entitled to temporary, total benefits or supplemental earning benefits in addition to those already paid.

LA PAC, Inc. and LWCC assert in their answer to the appeal that the workers' compensation judge was manifestly erroneous in failing to find that Chambers forfeited all right to benefits, if any, pursuant to violation of La.R.S. 23:1208.

LAW

TEMPORARY TOTAL DISABILITY BEYOND AUGUST 17, 1995

Chambers alleges that he suffers from continuing back pain. However, the workers' compensation judge found that "[c]laimant failed to prove by clear and convincing evidence, that he remained temporarily totally disabled for any period of time subsequent to August 17, 1995, as a result of injuries sustained in the accident occurring on February 2, 1995[.]" In reviewing workers' compensation cases, we apply the manifest error standard of review. See Huntsberry v. Martin Mills, Inc., 97-641 (La.App. 3 Cir.12/10/97); 704 So.2d 356. Manifest error exists when there is no reasonable basis for the findings, and the findings are clearly wrong based on a review of the record in its entirety. Rosell v. ESCO, 549 So.2d 840 (La.1989).

The burden of proof required of a claimant to recover temporary total disability benefits is set forth in La.R.S. 23:1221(1)(c), which provides in pertinent part:

whenever the employee is not engaged in any employment or self-employment as described in Subparagraph (1)(b) of this Paragraph, 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, regardless of the nature or character of the employment or self-employment,

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Bluebook (online)
712 So. 2d 608, 97 La.App. 3 Cir. 1188, 1998 La. App. LEXIS 895, 1998 WL 195630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-la-pac-mfg-inc-lactapp-1998.