Cobb v. Lafayette Parish School Board

49 So. 3d 597, 10 La.App. 3 Cir. 430, 2010 La. App. LEXIS 1473, 2010 WL 4320470
CourtLouisiana Court of Appeal
DecidedNovember 3, 2010
Docket10-430
StatusPublished
Cited by5 cases

This text of 49 So. 3d 597 (Cobb v. Lafayette Parish School Board) 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
Cobb v. Lafayette Parish School Board, 49 So. 3d 597, 10 La.App. 3 Cir. 430, 2010 La. App. LEXIS 1473, 2010 WL 4320470 (La. Ct. App. 2010).

Opinion

PAINTER, Judge.

| j Plaintiff, Catherine Cobb, appeals the judgment of the workers’ compensation judge finding that the Lafayette Parish School Board was entitled to a modification of a stipulated judgment and that she was not entitled to any further benefits. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff was employed by the Lafayette Parish School Board as a clerical worker at Northside High School. On September 12, 2000, she was attempting to locate a lost item of student clothing. The lost and found area was situated underneath a staircase. Plaintiff attempted to straighten up from a squatting position and bumped her head on the stairwell. She testified that she “saw stars.” She went to the walk-in clinic at the school and was given an ice pack and some Tylenol. On the same day she saw Dr. Chris Hayes, her treating physician, for a previously scheduled appointment and complained of hitting her head. Dr. Hayes’ records indicate a posterior tender spot. She continued to complain of pain and was seen several times at the Stafford Clinic before being referred to a neurologist, Dr. Leo deAlvare. She underwent continuous treatment and, except for three days in August of 2006, never returned to work.

On July 20, 2005, the parties stipulated that Plaintiff was injured on September 12, 2000, in the course and scope of her employment and that she was then entitled to temporary total disability benefits. In accordance with the stipulation, Defendant paid penalties and attorney’s fees. On or about August 30, 2006, Defendant terminated Plaintiffs benefits. On or about May 30, 2008, Defendant filed a motion to modify judgment. Following trial, the workers’ compensation judge found that a modification of the judgment was warranted but that said modification could only relate back to May 30, 2008. Accordingly, the workers’ compensation judge found that failure to pay continued benefits under the stipulation violated La.R.S. 23:1201(G) and that Defendant was liable for a penalty of $3,000.00, or twenty-four percent (24%) of the unpaid benefits from the time of termination to May 30, and ^attorney’s fees of $10,000.00. The workers’ compensation judge further found that Plaintiff was not entitled to any further benefits. Plaintiff appeals this finding. Defendant has answered the appeal, alleging that the award of penalties and attorney’s fees to Plaintiff was in error. For the following reasons, we affirm.

DISCUSSION

In Hardee v. City of Jennings, 07-242, pp. 2-3 (La.App. 3 Cir. 5/30/07), 961 So.2d 531, 533, writ denied, 07-1779, 07-1799 (La.11/9/07), 967 So.2d 505, 509, this court recognized:

Pursuant to La.R.S. 23:1310.8(B), a party may re-open a workers’ compensation case [,] and the workers’ compensation judge may modify an award on the grounds of a change in condition. “A party who seeks a modification of a worker’s compensation judgment must prove by a preponderance of the evidence that the worker’s disability has increased or diminished.” Lormand v. Rossclaire Constr., 01-515, p. 2 (La.App. 3 Cir. 12/12/01), 801 So.2d 675, 676. A claimant seeking total disability benefits must prove by clear and convincing ob *599 jective medical evidence that she is physically unable to engage in any employment. La.R.S. 23:1221.

Furthermore:

In workers’ compensation cases, the factual findings of the workers’ compensation judge are subject to the manifest error or clearly wrong standard of appellate review. Seal v. Gaylord Container Corp., 97-0688 (La.12/02/97), 704 So.2d 1161. When applying this standard, we are not to determine whether the factfinder was right or wrong, but rather, whether the factfinder’s conclusion was a reasonable one. Id. Thus, if the judge’s findings are reasonable in light of the record reviewed in its entirety, we may not reverse even if we would have weighed the evidence differently. Romero v. Northrop-Grumman, 01-0024 (La.App. 3 Cir. 5/30/01), 787 So.2d 1149.

Jackson v. Iberia Parish Gov., 01-925, p. 2 (La.App. 3 Cir. 3/20/02), 813 So.2d 589, 591, writ denied, 02-1075 (La.6/14/02), 817 So.2d 1159.

The workers’ compensation judge found that the stipulation entered into by the parties on July 20, 2005, was a binding, non-appealable judgment. Defendant asserts that this is incorrect but cites no legal authority in support thereof. Our law is clear that stipulations have the effect of judicial admissions or confessions and bind all parties and the court. Becht v. Morgan Bldg. & Spas, Inc., 02-2047 (La.4/23/03) 843 So.2d 1109; see Stelly v. Guy Scroggins, Inc., 682 So.2d 782 (La.App. 3 Cir.1996), writ denied, 688 So.2d 503 (La.1997).

^Furthermore, the transcript of the proceeding in which the stipulation entered of record reveals the following:

Mr. Miller: We can stipulate that Catherine Cobb was injured in the course and scope of her employment on September 12, 2000, while employed by the Lafayette Parish School Board; and that as a result of that injury, she is presently entitled to Temporary Total Disability benefits, the amount to be determined once we determine her average weekly wage, Judge.
The defendants have agreed to pay penalties of Eight Thousand Dollars and attorney’s fees of Eight Thousand Dollars.

Thus, we agree with the workers’ compensation judge that it was incumbent upon Defendant to obtain a modification of this stipulation prior to terminating benefits. We find no error in the workers’ compensation judge’s determination that benefits could only be terminated from the time of the filing of the motion to modify.

When treatment of Plaintiffs complaints of headaches was unsuccessful, Dr. deAl-vare referred Plaintiff to Dr. Deborah Elliott, also a neurologist, at the headache clinic at Tulane. Dr. Elliott treated Plaintiff from October 2003 to November 2005. Treatment again was unsuccessful, and Dr. Elliott found that Plaintiff was completely disabled from any type of work. Defendant then had Plaintiff examined by its choice of neurologist, Dr. Steven Zucker-man. 1 Dr. Zuckerman reached the conclusion that there was no physical basis for Plaintiffs continued complaints but could not determine whether she had a conversion disorder or was malingering. The workers’ compensation judge then ordered an independent medical examination by *600 Dr. Neil Smith, III, also a neurologist. Dr. Smith found no medical basis for Plaintiffs complaints and opined that the injury was trivial and that Plaintiff was able to work. Based on this opinion, Plaintiff attempted to return to work. She worked at Broussard Middle School from August 16 through August 18, 2006, when she requested that an ambulance be called due to her complaints of severe pain. The workers’ ^compensation judge noted that it was troubling that Plaintiff arrived to work on this date with all of her medical records.

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49 So. 3d 597, 10 La.App. 3 Cir. 430, 2010 La. App. LEXIS 1473, 2010 WL 4320470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobb-v-lafayette-parish-school-board-lactapp-2010.