Harrell v. St. Margaret's Daughter's Nursing Home

24 So. 3d 941, 2009 La.App. 4 Cir. 0526, 2009 La. App. LEXIS 1898, 2009 WL 3645229
CourtLouisiana Court of Appeal
DecidedNovember 4, 2009
Docket2009-CA-0526
StatusPublished
Cited by1 cases

This text of 24 So. 3d 941 (Harrell v. St. Margaret's Daughter's Nursing Home) 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.

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Harrell v. St. Margaret's Daughter's Nursing Home, 24 So. 3d 941, 2009 La.App. 4 Cir. 0526, 2009 La. App. LEXIS 1898, 2009 WL 3645229 (La. Ct. App. 2009).

Opinion

TERRI F. LOVE, Judge.

| jPIaintiff/Appellant, Stephanie Harrell, appeals a judgment from the Office of Workers’ Compensation that found in favor of St. Margaret’s Daughter’s Nursing Home. We find that Ms. Harrell failed to demonstrate any causal connection between the alleged work-related accident *943 and her injury. We further find that the medical records and testimony presented at trial do not support Ms. Harrell’s claim that she sustained medical injuries as a result of a work-related accident. Therefore, we find that the workers’ compensation judge did not err in finding that Ms. Harrell did not carry her burden of proof that she suffered a work-related accident within the course and scope of her employment and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff/Appellant, Stephanie Harrell, was employed by Defendant/Appellee, St. Margaret’s Daughter’s Nursing Home, as a Licensed Practical Nurse. Ms. Harrell alleges that she sustained an injury in the course and scope of her employment. On June 8, 2002, while assisting Patricia Smith, a | ?nursing assistant, with moving a patient, Ms. Harrell alleges that she injured her back and suffered a bulging disc. Ms. Harrell maintains that as a result of the accident, she is currently disabled and unable to work. She applied for workers’ compensation from her employer and was denied benefits. Subsequently, Ms. Harrell filed suit against St. Margaret’s for workers’ compensation benefits, attorney’s fees, and penalties. The workers’ compensation judge ruled in favor of St. Margaret’s.

In the instant matter Ms. Harrell asserts that the workers’ compensation judge committed manifest error by denying her workers’ compensation benefits.

STANDARD OF REVIEW

Workers’ compensation benefits are available for claimants who suffer personal injury by an accident arising out of and in the course of employment. La. R.S. 23:1031(A). “Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review.” Banks v. Indus. Roofing & Sheet Metal Works, Inc., 96-2840 (La.07/01/97), 696 So.2d 551, 556.

To recover, the employee must establish a causal link between the work-related accident and his injury. Albert v. Trans-Met, Inc., 38,261 (La.App. 2 Cir. 06/23/04), 877 So.2d 183, 187-88; Qualls v. Stone Container Corp., 29,794, p. 5 (La.App. 2 Cir. 09/24/97), 699 So.2d 1137, 1151. The claimant is not necessarily required to establish the exact cause of his disability or injury; however, the claimant must demonstrate by a preponderance of the evidence that the accident had a causal connection with it. Buxton v. Sunland Constr., 34,995, pp. 5-6 (La.App. 2 Cir. 08/22/01), 793 So.2d 526, 531. “If the evidence is evenly balanced or shows only some possibility that a work-related event produced the disability or leaves the question open to speculation or conjecture, then the claimant fails to Ucarry the burden of proof.” Lubom v. L.J. Earnest, Inc., 579 So.2d 1174, 1179 (La.App. 2 Cir.1991).

The Louisiana Supreme Court stated that:

[t]he trial court’s determinations as to whether the worker’s testimony is credible and whether the worker has discharged his or her burden of proof are factual determinations not to be disturbed on review unless clearly wrong or absent a showing of manifest error.

Bruno v. Harbert Intern. Inc., 593 So.2d 357, 361 (La.1992). Where a “factfinder’s finding is based on its decision to credit the testimony of one or two or more witnesses, that finding can virtually never be manifestly erroneous or clearly wrong.” Salvant v. State, 05-2126, p. 5 (La.7/6/06), 935 So.2d 646, 650.

BURDEN OF PROOF

Ms. Harrell avers that the workers’ compensation judge committed manifest *944 error in finding that she failed to carry her burden of proof that the injury complained of was due to the alleged work accident.

“[T]he plaintiff-worker in a compensation action has the burden of establishing a work-related accident by a preponderance of the evidence.” Bruno, 593 So.2d at 361. The worker’s testimony alone can be sufficient to meet his burden of proof if 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.” Id.

“Corroboration of the worker’s testimony may be provided by the testimony of fellow workers, spouses or friends.” Id. “In determining whether the worker has discharged his or her burden of proof, the trial court should accept as true a witness’ uncontradicted testimony, although the witness is a party, absent ‘circumstances casting suspicion on the reliability of this testimony.’” Id., quoting West v. Bayou Vista Manor, Inc., 371 So.2d 1146, 1147 (La.1979).

The instant claim arose out of an incident that Ms. Harrell alleges occurred during the course and scope of her employment. Ms. Harrell testified that on June 8, 2002, while lifting a patient at St. Margaret’s, she injured herself, which caused pain in her lower back and legs. Although Ms. Harrell alleges that she experienced severe and immediate pain, including pain lasting for the remainder of her shift, she did not inform the nursing assistant, her employer, or anyone else of the alleged injurious accident.

Ms. Harrell testified that she later discovered that her injury was a bulging disc. 1 She continued to work for St. Margaret’s until June 25, 2002. She alleges that she continued to have back pain throughout this time and that she developed an additional symptom of burning in her legs by June 25, 2002.

Dr. Ira Markowitz, Ms. Harrell’s primary physician in the months following her alleged accident, testified that Ms. Harrell did not report a job accident nor did she complain of back pain when he first saw her on June 25, 2002.

In July 2002, Ms. Harrell was admitted to the hospital by Dr. Markowitz. While in the hospital, she was examined by several physicians. Dr. Donald Faust saw Ms. Harrell on the day of her admittance and reported in her patient history: “43-year old female with left leg swelling about the knee for several weeks. She recalls no injury.” On the same day, Ms. Harrell was seen by Drs. Kinnett and Pinner. Dr. Kinnett reported that Ms. Harrell had “no injury.” Dr. Pinner reported that Ms. Harrell described striking her left leg on her son’s bed months prior and reported “no other trauma.”

IsWhile hospitalized, Ms. Harrell was also examined by Dr. Alfarez. Dr. Alfarez reported that Ms. Harrell “does not remember any previous trauma, other than striking ant. tibial area on leg on son’s bed months ago.”

Dr. Markowitz admitted Ms. Harrell to the hospital again in August 9, 2002. While in the hospital Ms. Harrell was seen by an orthopedic surgeon, Dr. Richard Meyer. Dr. Meyer confirmed in his deposition that he asked Ms.

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24 So. 3d 941, 2009 La.App. 4 Cir. 0526, 2009 La. App. LEXIS 1898, 2009 WL 3645229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrell-v-st-margarets-daughters-nursing-home-lactapp-2009.