Duhon v. Permian

796 So. 2d 822, 2001 WL 1161300
CourtLouisiana Court of Appeal
DecidedOctober 3, 2001
Docket01-0406
StatusPublished
Cited by2 cases

This text of 796 So. 2d 822 (Duhon v. Permian) 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
Duhon v. Permian, 796 So. 2d 822, 2001 WL 1161300 (La. Ct. App. 2001).

Opinion

796 So.2d 822 (2001)

John E. DUHON
v.
Scurlock PERMIAN.

No. 01-0406.

Court of Appeal of Louisiana, Third Circuit.

October 3, 2001.

Raleigh Newman, Jere Jay Bice, Lake Charles, LA, Counsel for Plaintiff/Appellant, John E. Duhon.

*823 Robert Joseph Tete, Jones, Tete, et al., Lake Charles, LA, Counsel for Defendant/Appellee, Scurlock Permian.

Court composed of JIMMIE C. PETERS, GLENN B. GREMILLION, and ELIZABETH A. PICKETT, Judges.

GREMILLION, Judge.

The plaintiff, John Edward Duhon, appeals the workers' compensation judge's finding that he failed to prove a causal connection between a prior work accident and his current medical condition. For the following reasons, we affirm.

FACTS

On July 25, 1997, Duhon, a truck driver for Scurlock Permian, slipped and fell while traversing a ring levy at a lease site in Crowley, Louisiana. Duhon immediately called his supervisor, James Durham, to report his fall, but denied the need for immediate medical care because he thought he had only pulled a back muscle. On April 18, 1998, Duhon's back began hurting while he was unloading crude oil from his truck. He went to the emergency room at St. Patrick Hospital in Lake Charles, Louisiana, and followed up with his family physician, Dr. Richard Landry, two days later. X-rays taken by Dr. Landry revealed degenerative joint disease in the lower lumbar and lower dorsal spine. A June 23, 1998 MRI revealed degenerative joint and disc disease within the lumbar spine, particularly at L3-4 and L4-5. Duhon was next examined by Dr. Charles Billings, an orthopedic surgeon, whose initial impression was chronic lumbosacral strain with underlying disc and joint disease. He later diagnosed lumbar disc disease and recommended that Duhon undergo surgery.

Duhon filed a disputed claim for compensation against Scurlock Permian, who denied the work-related injury. Following a trial on the merits, the workers' compensation judge took the matter under advisement. Thereafter, she denied Duhon's claim finding that he failed to prove a causal connection between his July 25, 1997 work-related accident and his current medical condition. This appeal followed.

ISSUES

Duhon raises four assignments of error on appeal:

1) The workers' compensation judge erred in finding that he failed to prove his condition was caused by the July 25, 1997 work-related accident.
2) The workers' compensation judge erred in failing to apply the presumption that his medical condition was caused by the July 25, 1997 work-related accident.
3) The workers' compensation judge failed to give his testimony the proper weight.
4) The workers' compensation judge erred in failing to view the evidence in a light most favorable to him and in failing to presume that the accident caused the disability since there is an absence of an intervening cause.

DISCUSSION

In Peloquin v. Eunice News, 98-1524, p. 9 (La.App. 3 Cir. 4/28/99); 737 So.2d 132, 139, writ denied, 99-1573 (La.9/17/99); 747 So.2d 563, this court laid out the law pertaining to causation in workers' compensation cases:

In order to establish a claim for medical benefits, the employee must show, by a preponderance of the evidence, that the predicament complained of arose as a result of a work-related accident. Alleman v. Fruit of the Loom-Crowley, 96-1246 (La.App. 3 Cir. 3/5/97); 692 So.2d 485. "Proof by a preponderance *824 of the evidence is sufficient when the evidence taken as a whole, shows that the fact sought to be proved is more probable than not." Watkins v. Asphalt Assocs., Inc., 96-249 (La.App. 3 Cir. 12/4/96); 685 So.2d 393, 395. Therefore, it must be determined that the employment caused or contributed to the disability, albeit, it is not necessary that the exact reason be found. Augustus v. St. Mary Parish Sch. Bd., 95-2498 (La.App. 1 Cir. 6/28/96); 676 So.2d 1144.
In determining whether or not the claimant has discharged his burden of proof, the trier of fact should accept as true a witness' uncontradicted testimony, even though the witness is a party, absent circumstances casting suspicion on the reliability of that testimony. Watkins, 685 So.2d 393. The worker's testimony, alone, may be sufficient to discharge this burden of proof provided that two elements are satisfied: (1) no other evidence discredits or casts serious doubt on the worker's version of the incident; and (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).
A workers' compensation judge's determinations as to whether the claimant's testimony is credible and whether the claimant met the required burden of proof are factual determinations which will not be disturbed on review absent manifest error or unless clearly wrong. In Bruno, the court stated that "[w]hen findings are based on determinations regarding the credibility of witnesses, the manifest error-clearly wrong standard demands great deference to the trier of fact's findings...." Id. at 361 (quoting Rosell v. ESCO, 549 So.2d 840 (La. 1989)). When the trier of fact's findings are reasonable in light of the entire record, an appellate court may not reverse a choice between two permissible views of the evidence. Banks v. Indus. Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97); 696 So.2d 551.

An employee's disability is presumed to result from his accident if, prior to the accident, the employee was in good health, but commencing with the accident "the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition." Bruno v. Harbert Int'l Inc., 593 So.2d 357, 363 (La.1992); see also Jackson v. Savant Ins. Co., 96-1424 (La.App. 1 Cir. 5/9/97); 694 So.2d 1178.

Duhon testified that he fell and hurt his back at a lease site on July 25, 1997, after which he immediately called Durham, but refused his offer of medical care because it was early on a Saturday morning and because he thought he had only pulled a muscle. He stated that he told Durham that he would seek medical care on Monday if his back continued hurting. He testified that his lower back hurt on and off after that, but that he continued working because he needed the job and because of his high pain tolerance. Duhon, who suffers from diabetes, testified that he went to have blood work done and told Dr. Landry that his back was hurting and his urine was dark. He stated that Dr. Landry concluded that both of these conditions probably resulted from him riding in an eighteen-wheeler all day.

On April 18, 1998, Duhon testified that he was unloading his truck when his back became so painful that he had to sit down. He stated that he drove back to Johnson Bayou after unloading his truck and retrieved his personal truck before driving home. Duhon testified he went to the *825 emergency room after discussing the matter with his wife. He called his supervisor, Henry Seymour, the next morning and reported that he was unable to work because of back pain. He testified that he has not worked since then.

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Cite This Page — Counsel Stack

Bluebook (online)
796 So. 2d 822, 2001 WL 1161300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duhon-v-permian-lactapp-2001.