Dupuis v. Picard Steel Erectors, Inc.

883 So. 2d 1092, 4 La.App. 3 Cir. 172, 2004 La. App. LEXIS 2315, 2004 WL 2181744
CourtLouisiana Court of Appeal
DecidedSeptember 29, 2004
DocketNo. WCA 04-172
StatusPublished
Cited by3 cases

This text of 883 So. 2d 1092 (Dupuis v. Picard Steel Erectors, 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
Dupuis v. Picard Steel Erectors, Inc., 883 So. 2d 1092, 4 La.App. 3 Cir. 172, 2004 La. App. LEXIS 2315, 2004 WL 2181744 (La. Ct. App. 2004).

Opinion

1, SAUNDERS, J.

Edwin Dupuis was an employee of Pi-card Steel Erectors, Inc., when he allegedly suffered a work-related injury. He received workers’ compensation benefits for a year and a half before they were terminated. On termination, he filed a 1008 claim. The Workers’ Compensation Judge denied Mr. Dupuis’ request based on La. R.S. 23:1208.1

FACTS

In 1982, Mr. Dupuis suffered a work-related injury while employed with S & S Steel. This injury occurred when he fell twenty-four feet off a building. He received workers’ compensation benefits for that injury for approximately 16 years. In 1997, he began constructing carports.

In August 2000, Mr. Dupuis and his wife, Tina, went to Picard Steel Erectors, Inc., where Mr. Dupuis applied for a job. Mrs. Dupuis testified that she completed the employment application due to Mr. Dupuis’ limited educational background. The following day, Mr. Dupuis reported to work and at some point was given a medical questionnaire to complete. There is some dispute as to what form he was given and who completed the form. However, Mr. Dupuis did state that he signed a form provided to him by Jeff Picard, the owner of Picard Steel Erectors, Inc. The medical questionnaire contained a check mark in the “no” box for every medical condition listed.

In January 2001, a delivery driver of S & S Steel saw Mr. Dupuis at Picard Steel and asked Troy Thomasee, a supervisor, about Mr. Dupuis’ previous injury and his overall health. Mr. Thomasee then told Mr. Picard of the delivery driver’s comments. Mr. Dupuis stated that Mr. Picard asked him about the incident and, at | ?that time, he informed Mr. Picard of the prior accident and injury, but indicated that he was currently pain free. It appears that nothing was ever done in reference to- the new information. The medical question[1095]*1095naire was not revised, and Mr. Dupuis remained an employee.

Mr. Dupuis contends that on April 16, 2001, he suffered a back injury while manually pulling a bar joist, weighing 150-200 pounds, from the ground to the second floor. Somehow the rope slipped, causing a jerk in the claimant’s back. It is unclear whether the other co-workers knew of the injury immediately thereafter, but Mr. Thomasee, the supervisor, was informed that day or the following day. Mr. Dupuis continued to work the remainder of the day and the rest of the week. On the following Sunday night, Mr. Dupuis telephoned Mr. Thomasee and told him that he thought he needed to see a doctor. On Monday, April 23, 2001, Mr. Picard sent Mr. Dupuis to the emergency room. An accident report was completed by Picard Steel Erectors, Inc., on April 26, 2001, listing the date of injury as April 16, 2001. From April 23, 2001, the claimant saw several doctors for treatment, but was unable to return to work. He received workers’ compensation benefits until June 12, 2002, when they were terminated.

PROCEDURAL FACTS

Mr. Dupuis became an employee of Pi-card Steel Erectors in August of 2000, and allegedly suffered a work-related back injury April 16, 2001. He received workers’ compensation until June 12, 2002.

On January 10, 2003, the Louisiana Worker’s Compensation Second Injury Board denied Louisiana Worker’s Compensation Corporation’s (Picard Steel |sErectors, Inc.’s worker’s compensation insurer) claim for reimbursement from the second injury fund. On February 7, 2003, they appealed the board’s decision.

On August 5, 2003, the claimant filed a 1008 requesting back indemnity compensation, weekly indemnity benefits, medical benefits, penalties, attorney fees and costs. The Workers’ Compensation Judge denied the claimant’s request based on La.R.S. 23:1208.1. Edwin Dupuis timely filed a de-volutive appeal on October 23, 2003.

ASSIGNMENTS OF ERROR

1) The Workers’ Compensation Judge erred in finding a violation of LSA-R.S. 23:1208.1 forfeiting benefits and failing to award workers’ compensation benefits to the claimant in the form of weekly indemnity benefits and medical benefits.
2) The Workers’ Compensation Judge erred in failing to award penalties and attorneys fees to the claimant based on the defendant’s handling of the claim.

LAW AND ANALYSIS

Findings of the trial court are reviewable on appeal, and the appellate standard of review has been clearly established. A trial judge’s findings of fact will not be disturbed unless they are manifestly erroneous or clearly wrong. Stobart v. State, through Dep’t of Transp. & Dev., 617 So.2d 880 (La.1993). “Absent ‘manifest error’ or unless it is ‘clearly wrong,’ the jury or trial court’s findings of fact may not be disturbed on appeal.” Sistler v. Liberty Mut. Ins. Co., 558 So.2d 1106, 1111 (La.1990). “If the trial court or jury’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.” Id. at 1112.

I ¿ASSIGNMENTS OF ERROR NUMBER ONE

The claimant’s first assignment of error concerns the application of La.R.S. 23:1208.1, which provides:

Nothing in this title shall prohibit an employer from inquiring about previous [1096]*1096injuries, disabilities, or other medical conditions and the employee shall answer truthfully; failure to answer truthfully shall result in the employee’s forfeiture of benefits under this Chapter, provided said failure to answer directly relates to the medical condition for which a claim for benefits is made or affects the employer’s ability to receive reimbursement from the second injury fund. This Section shall not be enforceable unless the written form on which the inquiries about previous medical conditions are made contains a notice advising the employee that his failure to answer truthfully may result in his forfeiture of worker’s compensation benefits under R.S. 23:1208.1. Such notice shall be prominently displayed in bold faced block lettering of no less than ten point type.

The Louisiana Supreme Court discussed La.R.S. 23:1208.1 in detail in Nabors Drilling USA v. Davis, 03-0136 (La.10/21/03), 857 So.2d 407. Davis had suffered an injury to his right shoulder and right knee in 1994 and surgery was performed in September 1994. In 2000, Davis began working for Nabors and completed a medical questionnaire. He responded negative to specific questions about surgery and injury incurred at work. On November 14, 2000, he suffered a back and leg injury. The employer argued that Davis’ failure to truthfully answer the question resulted in a loss of benefits.

The court stated, “La.R.S. 23:1208.1 provides for forfeiture under three circumstances. There must be (1) an untruthful statement; (2) prejudice to the employer; and (3) compliance with the notice requirements of the statute.” Id. at 414. The court did not focus on the claimant’s untrue statement but on whether it prejudiced the employer. “Thus, it is not every untruthful statement on a medical 1 ¡¡history questionnaire that will result in the forfeiture of workers’ compensation benefits for a subsequent work-related injury. It is only those statements that rise to the level of meeting the statutory proviso of La.R.S. 23:1208.1 that will subject the employee to forfeiture.” Id. at 414-15.

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Bluebook (online)
883 So. 2d 1092, 4 La.App. 3 Cir. 172, 2004 La. App. LEXIS 2315, 2004 WL 2181744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupuis-v-picard-steel-erectors-inc-lactapp-2004.