Evans v. Hampton Inn

6 So. 3d 380, 8 La.App. 3 Cir. 1195, 2009 La. App. LEXIS 343, 2009 WL 530377
CourtLouisiana Court of Appeal
DecidedMarch 4, 2009
DocketNo. 08-1195
StatusPublished
Cited by2 cases

This text of 6 So. 3d 380 (Evans v. Hampton Inn) 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
Evans v. Hampton Inn, 6 So. 3d 380, 8 La.App. 3 Cir. 1195, 2009 La. App. LEXIS 343, 2009 WL 530377 (La. Ct. App. 2009).

Opinion

PAINTER, Judge.

| j Defendant, Hampton Inn, appeals the workers’ compensation judge’s ruling in favor of Clara Evans. The WCJ found that Evans established that her carpal tunnel syndrome was related to her work activities, that she was entitled to medical benefits including a carpal tunnel release surgery, and that she was entitled to temporary total disability benefits. The WCJ further awarded penalties for failure to [382]*382authorize medical treatment and failure to pay indemnity benefits as well as attorney’s fees. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Evans had been employed by Hampton Inn since September of 2004. In 2006, she held the position of executive housekeeper. One of her duties included “deep cleaning” bathrooms. This involved Evans getting down on her hands and knees and scrubbing the tile floors in the bathrooms with a small brush. Evans usually “deep cleaned” two rooms per day. Evans testified that she was light-handed. On May 8, 2006, Evans was seen at Huey P. Long Medical Center by Dr. Ernest Kelly for complaints of right-hand pain which she reported had been bothering her for about two months. According to Evans, her right hand would swell, go numb, and tingle. She was diagnosed with cervical arthritis and given a volar splint for her right hand. She was also given a work excuse from Dr. Kelly which indicated that she should be placed on light duty for two weeks. She returned to work on May 9, and this was her last day at work. Evans was sent home after a verbal argument with a co-worker and told that there was no light duty work for her to do.

Evans testified that she reported an injury to her right hand from deep cleaning the bathrooms to the assistant manager, Elaine Sparks, and that she told the manager, |2Tarak Patel, that she was having problems with her right hand which she associated with her housekeeping duties at the hotel. Sparks and Patel denied that they had been told these things. Evans saw several physicians over the next few months. On October 11, 2006, an EMG showed severe right carpal tunnel syndrome with mild C6 root irritation on the right side. On November 2, 2006, Evans’ physician, Dr. Clark Gunderson, recommended a right carpal tunnel release. Dr. Gunderson opined that Evans’ carpal tunnel syndrome was causally connected to or brought about by her work activities.

Evans filed the instant disputed claim for compensation against Hampton Inn seeking weekly indemnity benefits, medical treatment, and penalties and attorney’s fees. Hampton Inn denied all of Evans’ claims and further alleged that she forfeited her right to receive any benefits due to her fraudulent statements. Following a trial on the merits, the WCJ held that Evans had proven that her carpal tunnel syndrome was work-related and was, therefore, entitled to temporary total disability benefits retroactive to May 10, 2006 (subject to credit for vacation paid by Hampton Inn) 1, medical travel expenses, prescription expenses, and medical expenses without discount per the fee schedule, and for all future work-related medical expenses incurred after judgment pursuant to the fee schedule. The WCJ denied Evans’ claims for sanctions but awarded $2,000.00 in penalties for failure to authorize medical treatment and $2,000.00 in penalties for failure to pay indemnity benefits. Attorney’s fees in the amount of $5,000.00 were also awarded. Evans filed a motion for partial new trial and a motion to recuse the WCJ. Both motions were denied. This appeal |nwas then perfected by Hampton Inn. We note that Evans has neither answered the appeal nor filed her own appeal.

DISCUSSION

This court has recently noted:

[383]*383The standard of review applied to factual findings in workers’ compensation matters is the manifest error standard. This standard, which is based upon the reasonableness of the factual findings in light of the record reviewed in its entirety, is well established in our jurisprudence following the seminal cases of Rosell v. ESCO, 549 So.2d 840 (La.1989), and Stobart v. State, through Department of Transportation and Development, 617 So.2d 880 (La.1993).

Lollis v. Shaw Global Energy Services, 07-395 p. 3 (La.App. 3 Cir. 10/03/07), 966 So.2d 1118, 1120. If the conclusions of the fact finder are reasonable in light of the record reviewed in its entirety, we cannot reverse, even if we would have weighed the evidence differently. Sistler v. Liberty Mut. Ins. Co., 558 So.2d 1106 (La.1990).

Furthermore:

Generally, an injured employee is entitled to receive benefits for an injury that arises out of, and in the course of, his employment. La.R.S. 23:1031. Specifically, La.R.S. 23:1031.1 governs workers’ compensation claims for occupational disease. “An occupational disease means only that disease or illness which is due to causes and conditions characteristic of and peculiar to the particular’ trade, occupation, process, or employment in which the employee is exposed to such disease.” La.R.S. 23:1031.1(B). A claimant asserting an occupational disease must prove by a preponderance of evidence that there is a disability which is related to an employment-related disease, that the disease was contracted during the course of employment, and that the disease is a result of the work performed. Hymes v. Monroe Mack Sales, 28,768 (La.App. 2 Cir.10/30/96), 682 So.2d 871. The causal link between an employee’s occupational disease and work-related duties must be established by a reasonable probability. Id.

Rose v. Maison Deville Care Center, 05-1307, pp. 2-3 (La.App.3 Cir. 4/5/06), 927 So.2d 625, 627, writ denied, 06-1054 (La.9/1/06), 936 So.2d 205.

| ¿This court has also recognized:

As stated in Bruno v. Harbert International Inc., 593 So.2d 357, 361 (La.1992):
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; and (2) the worker’s testimony is corroborated by the circumstances following the alleged incident. West v. Bayou, Vista Manor, Inc., 371 So.2d 1146 (La.1979); Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers’ Compensation, § 253 (2d Ed.1980). Corroboration of the worker’s testimony may be provided by the testimony of fellow workers, spouses, or friends. Malone & Johnson, supra; Nelson [v. Roadway Express, Inc., 588 So.2d 350 (La.1991) ]. Corroboration may also be provided by medical evidence. West, supra.

Lollis, 966 So.2d at 1120-21.

Louisiana Revised Statutes 23:1031.1 governs workers’ compensation claims for occupational disease and provides, in pertinent part, as follows:

B. An occupational disease means only that disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease. Occupational disease shall include injuries due to work-related carpal tunnel syndrome. Degenerative disc [384]

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6 So. 3d 380, 8 La.App. 3 Cir. 1195, 2009 La. App. LEXIS 343, 2009 WL 530377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-hampton-inn-lactapp-2009.