Doucet v. National Oilwell Varco Fluid Control

120 So. 3d 727, 13 La.App. 3 Cir. 57, 2013 WL 2214139, 2013 La. App. LEXIS 1045
CourtLouisiana Court of Appeal
DecidedMay 22, 2013
DocketNo. 13-57
StatusPublished

This text of 120 So. 3d 727 (Doucet v. National Oilwell Varco Fluid Control) 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
Doucet v. National Oilwell Varco Fluid Control, 120 So. 3d 727, 13 La.App. 3 Cir. 57, 2013 WL 2214139, 2013 La. App. LEXIS 1045 (La. Ct. App. 2013).

Opinion

KEATY, Judge.

| defendant, National Oilwell Vareo Fluid Control (NOV), appeals a judgment rendered by the workers’ compensation judge (WCJ) in favor of its former employ[729]*729ee, Joshua Doucet (Doucet), finding that he was injured in a work-related accident and awarding him workers’ compensation benefits along with penalties and attorney fees. Doucet answers the appeal and asks for additional attorney fees for work related to this appeal. For the following reasons, we affirm and award Doucet additional attorney fees on appeal.

FACTS AND PROCEDURAL HISTORY

On December 30, 2010, Doucet filed a 1008 Disputed Claim for Compensation (1008) against NOV, seeking benefits and medical treatment pursuant to the Louisiana Workers’ Compensation Act (LWCA), La.R.S. 23:1021-1415, for injuries that he allegedly sustained in a workplace accident on August 22, 2010. At the time of the alleged accident, Doucet was employed as a service technician with NOV working in Caddo Parish, Louisiana. The job location was approximately three hours from Dou-cet’s home in Welsh, Louisiana; thus, Dou-cet was staying at an apartment complex supplied by NOV for housing its out-of-town employees. Doucet alleges he contracted a methicillin-resistant staphylococcus aureus (MRSA) infection on August 22, 2010 from the apartment supplied by NOV. Doucet further sought an award of statutory penalties and attorney fees, characterizing NOVs failure to pay compensation benefits as arbitrary and capricious and alleging that NOV had failed to reasonably controvert his claim. In its answer to Doucet’s 1008, NOV asserted that its denial of benefits was reasonable and proper, and it disputed Doucet’s allegation that its actions were arbitrary, capricious, or unreasonable.

| ¡After a trial on the merits which took place on July 9, 2012, the WCJ took the matter under advisement. In a written judgment signed on September 21, 2012, the WCJ ruled in favor of Doucet and held that he carried his burden of proving a causal connection between the MRSA staph infection and his residence at the apartment. Accordingly, the WCJ awarded Doucet the following: (1) temporary total disability benefits from November 4, 2011 to February 18, 2012 in the amount of $2,146.14; (2) medical benefits including reimbursement of out-of-pocket medical expenses and mileage expenses; (3) $2,000.00 in penalties for failure to pay indemnity benefits; (4) $2,000.00 in penalties for failure to pay medical benefits; and (5) attorney fees in the amount of $10,000.00, with interest, including litigation expensestotaling $754.78.

NOV is now before this court asserting that: (1) the trial court erred as a matter of law in failing to address whether Doucet sustained an “injury by accident” as defined by the LWCA; (2) the trial court erred in awarding medical and indemnity benefits to Doucet as a result of an MRSA staph infection without competent medical evidence to causally relate the infection to his employment with NOV; and (3) the trial court erred in awarding penalties for failure to pay medical and indemnity benefits and attorney fees for prosecution of the claim.

DISCUSSION

I. Personal Injury By Accident

NOV contends that Doucet did not sustain an injury by accident as defined by the LWCA. In Green v. National Oilwell Varco, 10-1041, pp. 2-4 (La.App. 3 Cir. 4/27/11), 63 So.3d 354, 357-58, this court noted:

A worker bringing a compensation action against his employer bears the burden of proving, as a threshold requirement, that he suffered “personal injury by accident arising out of and in the course |sof his employment.” La.R.S. [730]*73023:1031(A); Bruno v. Harbert Int’l Inc., 593 So.2d 357 (La.1992). The word “accident” as used in La.R.S. 23:1031 is defined as “an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration.” La.R.S. 23:1021(1).
This court discussed the standard of review to be employed in workers’ compensation cases in Foster v. Rabalais Masonry, Inc., 01-1394, pp. 2-3 (La.App. 3 Cir. 3/6/02), 811 So.2d 1160, 1162, writ denied, 02-1164 (La.6/14/02), 818 So.2d 784:
Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Smith v. Louisiana Dep’t of Corrections, 93-1305 (La.2/28/94); 633 So.2d 129. In applying the manifest error standard, the appellate court must determine not whether the trier of fact was right or wrong, but whether the factfinder’s conclusion was a reasonable one. Stobart v. State, 617 So.2d 880 (La.1993). Where there are two permissible views of the evidence, a factfinder’s choice between them can never be manifestly erroneous or clearly wrong. Id. Thus, “if the [factfinder’s] findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.” Sistler v. Liberty Mut. Ins. Co., 558 So.2d 1106, 1112 (La.1990).
“The determination of coverage is a subjective one in that each case must be decided from all of its particular facts.” Jackson v. Am. Ins. Co., 404 So.2d 218, 220 (La.1981). This court has held that, in light of that standard of review, “great deference is accorded to the [workers’ compensation judge’s] factual findings and reasonable evaluations of credibility.” Cent. Lumber Co. v. Duhon, 03-620, p. 3 (La.App. 3 Cir. 11/12/03), 860 So.2d 591, 593, writ denied, 04-315 (La.4/2/04), 869 So.2d 880 (quoting Garner v. Sheats & Frazier, 95-39, p. 7 (La.App. 3 Cir. 7/5/95), 663 So.2d 57, 61).

As mentioned above, NOV contends that Doucet did not sustain an injury by accident as defined by the LWCA. NOV alleges that the trial court’s oral reasons for judgment solely address the issue of causation and are silent as to whether 14Poucet sustained an “accident” or “injury” as defined under the LWCA. Doucet counters that NOV’S argument is without merit.

The record shows that Doucet was twenty-six years old and was employed by NOV for approximately five years when the accident occurred. At trial, Doucet testified that he was a service technician. His job location was located in north Louisiana and far away from Doucet’s home in Welsh, Louisiana; thus, he would stay at the Hillside Apartments (the apartment) when working that location. Doucet testified that the apartment was supplied by NOV for housing its out-of-town employees. Doucet would stay at the apartment when he was not servicing a rig. Doucet testified that usually “six, seven people stayed in there at a time,” including other NOV employees and service technicians. Dou-cet testified that “[p]eople just came in as they came from rigs and stuff like that, to swap out, and we just kind of — it was kind of like having a meeting area is what it was.” Although he acknowledged that a cleaning lady came “once a week and vacu[731]*731umed” and “wiped down the sinks and stuff,” Doucet testified that “people came in and — all the time dirty and laid on the couches and furniture.” According to Doucet, the apartment was not spotless “by any means.”

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Bluebook (online)
120 So. 3d 727, 13 La.App. 3 Cir. 57, 2013 WL 2214139, 2013 La. App. LEXIS 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doucet-v-national-oilwell-varco-fluid-control-lactapp-2013.