City of Eunice v. Credeur

746 So. 2d 146, 1999 WL 826099
CourtLouisiana Court of Appeal
DecidedJanuary 28, 2000
Docket99-302
StatusPublished
Cited by8 cases

This text of 746 So. 2d 146 (City of Eunice v. Credeur) 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
City of Eunice v. Credeur, 746 So. 2d 146, 1999 WL 826099 (La. Ct. App. 2000).

Opinion

746 So.2d 146 (1999)

CITY OF EUNICE, Plaintiff—Appellee,
v.
Rebecca CREDEUR, Defendant— Appellant.

No. 99-302.

Court of Appeal of Louisiana, Third Circuit.

October 13, 1999.
Writ Granted in part January 28, 2000.

*147 Christopher R. Philipp, Lafayette, for City of Eunice.

Timmy J. Fontenot, Eunice, for Rebecca Credeur.

BEFORE: COOKS, SAUNDERS AND DECUIR, Judges.

SAUNDERS, Judge.

The issue on appeal is whether the administrative hearing officer was correct in concluding that Rebecca Credeur was not injured in the course and scope of her employment on November 20, 1990. Mrs. Credeur began receiving compensation benefits in January 1993. On February 26, 1997, the City of Eunice filed a dispute alleging that Mrs. Credeur was not entitled to disability benefits and medical treatment. Mrs. Credeur filed an answer and reconventional demand for benefits.

After a hearing, the administrative hearing officer concluded that Mrs. Credeur did not sustain an accident during employment, that the injuries for which she seeks compensation were pre-existing and that Mrs. Credeur should be denied workers' compensation benefits.

Our reading of the record and the applicable law convinces us that the administrative hearing officer was clearly wrong and we reverse.

FACTS

The City of Eunice (City) hired Rebecca Credeur (Credeur) in November 1984 to work in the sales tax department. During her early years with the City, Credeur was *148 the only worker in her department. Due to the under-staffing, she put in long hours writing and working at a computer terminal to ensure the completion of work that entered the office. She sat for 4-6 hours without taking a break.

Between 1986 and 1990, Credeur began to experience health problems and was diagnosed with fibromyositis and chronic fatigue syndrome. Her treating physician, Dr. Charles Aswell, III, informed her that her problems were work-related. Additionally, Dr. Aswell informed her several times to take time off work. Credeur did not comply with the doctor's orders because she was the only worker in her department and realized her boss depended on her.

To maintain her workload and continue physical therapy for her condition, Credeur attended physical therapy during her lunch hour. By June 1990, Credeur had difficulty holding her head up for more than fifteen to twenty minutes.

During the course of treatment, Dr. Aswell informed Credeur that her injuries were work-related. In the summer of 1990, Credeur sought reimbursement of her work-related medical bills through workers' compensation. Credeur and the insurance representative contacted the proper person concerning the possible workers' compensation claim. Later, Credeur was informed that workers' compensation did not cover injuries caused by writing and sitting at the computer terminal for long periods.

Following her attempts to file a workers' compensation claim, Credeur's condition improved. In October 1990, Mrs. Credeur returned to work full-time. At that time, Dr. Aswell's medical notes stated that she had made an 80% improvement.

On November 20, 1990, Credeur was injured in a work-related accident. While at work, the back of her chair came off and she fell over. She fell backwards hitting her hip, lower back and head. Credeur filed an Employer's Report of Occupational Injury or Disease in which she described the accident. Despite her injury, Credeur continued to work for more than two years after the accident. In 1992 and following, five physicians diagnosed her with thoracic outlet syndrome (TOS). She was forced to undergo four operations to correct the condition. After the surgeries, she worked part-time until December 1996. In February 1997, the City terminated Credeur because her employment was endangering her and delaying recovery.

On February 26, 1997, the City filed suit asserting that Credeur was not entitled to workers' compensation benefits. The City paid medical compensation for seven years and benefits for four years, totaling $236,839.32. Although her treating physician found her disabled due to a work-related injury, the administrative hearing officer found otherwise.

LAW AND ANALYSIS

The Office of Workers' Compensation hearing officer's findings are subject to the same standard of review, manifest error, as are a trial court's finding. According to the standard, the reviewing court must determine whether the administrative hearing officer's conclusions were reasonable. Stobart vs. State, through DOTD, 617 So.2d 880 (La.1993). A strong presumption has been established in the jurisprudence, and an appellate court may not set aside an administrative hearing officer's finding of fact in the absence of manifest or clear error. Rosell v. ESCO, 549 So.2d 840 (La.1989) The State of Louisiana has recognized the Workers' Compensation Act as remedial in nature. To achieve the humane policies it reflects, the law is to be liberally construed in favor of the injured employee. Pinkins v. Cardinal Wholesale Supply, Inc., 619 So.2d 52 (La.1993). Considering this policy and evidence in the record, the administrative hearing officer's conclusions were unreasonable and the findings were manifestly erroneous.

*149 A. Was there an accident on the job?

Credeur's first assignment of error is whether the administrative hearing officer erred in concluding there was no work-related injury. In order for an employee to make a claim under the Workers' Compensation Act, the employee must show: (1) there was an accident on the job, and (2) the accident was "arising out of the course and scope of employment." La. R.S. 23:1031. The statutory definition of "accident" is an "unexpected or unforeseen event happening suddenly and violently, with or without human fault, and producing at the same time objective symptoms of the injury." La.R.S. 23:1021(1).

The worker in a workers' compensation action has the burden of establishing a work-related accident by a preponderance of the evidence. 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; (2) the worker's testimony is corroborated by the circumstances following the alleged incident. Bruno v. Harbert Int'l, Inc., 593 So.2d 357 (La.1992); West v. Bayou Vista Manor, Inc., 371 So.2d 1146 (La.1979). Corroboration may be provided by medical evidence. West, 371 So.2d at 1150; Thomas v. RPM Corp., 449 So.2d 18 (La. App. 1 Cir.), writ denied, 450 So.2d 965 (La.1984).

The City failed to offer any evidence to discredit or cast serious doubt on the Credeur's version of the accident. The City only asserted that the accident was unwitnessed and that Credeur suffered from pre-existing illnesses. However, neither of these factors is sufficient to preclude a workers' compensation claim.

The City relied upon the testimony of Dr. Mark Valentine. Unlike the treating physician, Dr. Valentine has never examined the Credeur and was obtained only for the purposes of trial. Additionally, Dr. Valentine agrees that different symptoms appeared after the accident and that there is a difference between fibromyositis and TOS. Thus, his testimony was not sufficient to discredit or cast serious doubt on the Credeur's testimony.

In West, 371 So.2d 1146, the employee injured her back in an unwitnessed accident.

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

Related

Conner v. Bridgefield Casualty Insurance Co.
185 So. 3d 754 (Louisiana Court of Appeal, 2015)
Turner v. Lexington House
176 So. 3d 1071 (Louisiana Court of Appeal, 2015)
Cathy Turner v. Lexington House
Louisiana Court of Appeal, 2015
Halker v. American Sheet Metal
861 So. 2d 740 (Louisiana Court of Appeal, 2003)
Jason Halker v. American Sheet Metal
Louisiana Court of Appeal, 2003
Flagg v. Hixson Funeral Home
838 So. 2d 174 (Louisiana Court of Appeal, 2003)
City of Eunice v. Credeur
828 So. 2d 710 (Louisiana Court of Appeal, 2002)
Tate v. Cabot Corp.
824 So. 2d 456 (Louisiana Court of Appeal, 2002)
Willis v. Alpha Care Home Health
780 So. 2d 505 (Louisiana Court of Appeal, 2001)
Williams v. Ravare Masonry Co.
774 So. 2d 254 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
746 So. 2d 146, 1999 WL 826099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-eunice-v-credeur-lactapp-2000.