Honore v. Ryder Truck Lines, Inc.

482 So. 2d 739, 1985 La. App. LEXIS 10508
CourtLouisiana Court of Appeal
DecidedDecember 26, 1985
DocketNo. 84 CA 1174
StatusPublished
Cited by3 cases

This text of 482 So. 2d 739 (Honore v. Ryder Truck Lines, 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
Honore v. Ryder Truck Lines, Inc., 482 So. 2d 739, 1985 La. App. LEXIS 10508 (La. Ct. App. 1985).

Opinion

CRAIN, Judge.

This is an appeal from the judgment of the trial court dismissing plaintiff’s claim for workmen’s compensation benefits.

In oral reasons for judgment the trial court stated that Honoré (appellant) had failed to prove by a preponderance of the evidence that his physical condition was the result of a work related accident. Honoré appeals, alleging that the trial court erred (1) in applying a higher standard of proof than required by law and (2) in relying [740]*740upon appellant’s delayed report of the injury to his employer (Ryder).

FACTS

Plaintiff suffers from a herniated disc. He alleges that his physical condition was caused by an accident which occurred in early April, 1980, at the Ryder terminal during the course and scope of his employment.

On May 18, 1980, Honoré sought treatment at the emergency room at Our Lady of the Lake Hospital in Baton Rouge for pain in his knee. He was examined at the emergency room by Dr. Ernest James Mencer, a general surgeon, who made a diagnosis of intermittent claudication. Dr. Mencer referred plaintiff to Dr. Terry Jones, a vascular surgeon. After several visits, Dr. Jones determined that plaintiffs complaints were skeletal in nature and referred plaintiff to Dr. Jack Loupe, orthopedic surgeon. As the result of a myelogram which was performed on plaintiff, Dr. Loupe determined that plaintiff suffered from a herniated disc which was discernible from the myelogram. It was Dr. Loupe’s opinion that plaintiff was disabled from gainful employment compatible with his education and work qualifications. He has been unable to work since June 13, 1980.

Plaintiff is a member of Teamster’s Local Number Five and has a hospitalization insurance policy through the union which covers non job related injuries. He has not filed a claim with his group insurer. On July 23, 1980, plaintiff and Dennis Pedes-cleaux, business agent for Teamsters Local Number Five, met at the Ryder terminal with Robert Tucker, terminal manager, to file a written report of the accident. He filed for worker’s compensation benefits but the claim was denied. He is presently receiving social security disability payments.

BURDEN OF PROOF

A qualified employee who becomes medically disabled due to an accident which arises out of and is within the scope of his employment is entitled to worker’s compensation benefits. La.R.S. 23:1031. The plaintiff in a worker’s compensation case must prove his claim by a preponderance of the evidence. Montgomery v. Delta Concrete Products Co., Inc., 290 So.2d 769 (La.App. 1st Cir.1974), writ refused, 294 So.2d 823 (La.1974).

Although procedural rules are construed liberally in favor of workmen’s compensation claimants, the burden of proof, by a preponderance of the evidence, is not relaxed. Thus, the testimony as a whole must show that more probably than not an employment accident occurred and that it had a causal relation to the disability. If the testimony leaves the probabilities equally balanced, the plaintiff has failed to carry the burden of persuasion. Likewise, the plaintiff’s ease must fail if the evidence shows only a possibility of a causative accident or leaves it to speculation or conjecture.

Prim v. City of Shreveport, 297 So.2d 421, 422 (La.1974). The testimony of claimant alone may be sufficient to establish the occurrence of a work related accident when corroborated by credible evidence from the record. White v. Freeport Chemical Co., 319 So.2d 563 (La.App. 4th Cir.1975), writ denied, 323 So.2d 132 (La.1975).

Honoré testified that the accident occurred one morning during the first week or so of April, 1980. Pursuant to the instructions of his supervisor, Jesse Bishop, Honoré backed a truck to the dock. In the process of dismounting from the cab of the truck plaintiff slipped and fell to the ground and landed on his back. Andy Al-berez, a mechanic employed by Ryder, allegedly witnessed the accident. Plaintiff stated that he verbally reported the accident to Bishop on the day the accident occurred. Bishop allegedly inquired whether plaintiff was injured badly enough to make a written report. Since plaintiff was only experiencing slight discomfort in the left knee at that time, no written report was made.

[741]*741Plaintiff further testified that on May 18, 1980, when he first sought treatment for the injury, he was aware that his condition was directly attributable to the work related accident. He related this history of trauma to the emergency room personnel and to Drs. Mencer, Jones and Loupe upon his first visit to each.

Although the jurisprudence is settled that an employee may establish the occurrence of the job related accident by his testimony alone “the employee’s testimony must be corroborated by attending facts and circumstances and the record must be free of evidence which impeaches his testimony.” Blacher v. Matlack, Inc., 349 So.2d 916, 918 (La.App. 1st Cir.1977), writ denied, 351 So.2d 166 (La.1977). The trial court obviously found that the testimony and evidence did not corroborate plaintiffs testimony in regard to the occurrence of the job related accident. A review of the record reveals the following factors which are inconsistent with or cast suspicion on plaintiffs testimony:

1) The emergency room record of May 18, 1980, indicates that plaintiff complained of suffering with knee pain for one week prior to May 18, 1980. At trial plaintiff testified that knee pain began early in April, 1980. The emergency room record specifies that plaintiff gave no history of trauma which may have caused the knee pain.

2) Dr. Jack Loupe testified by deposition that plaintiff did not initially give a history of trauma to the back or knee. It was not until several visits later that plaintiff mentioned a work-related accident.

3) Dr. Ernest J. Mencer testified by deposition as follows:

A. I don’t recall specifically questioning him about whether he injured the knee. But had injury to the knee been a prominent part of the history, then my impression would certainly have not been intermittent claudication.
Q. And of course the hospital record does indicate that he said specifically no history of trauma?
A. That’s what the record indicates.

4) Anthony J. Alberez allegedly witnessed the accident. He testified that he saw plaintiff back the truck to a fence and fall to the ground while dismounting from the cab. The truck was not at a loading dock as alleged by plaintiff. In a signed statement dated August 18, 1980, Alberez described the accident as follows: “About two months ago I saw him climb onto his tractor to clean his windshield and etc. prior to leaving for delivery. I saw him slip off the fender and land on his feet.”

5) Bishop testified that he could not recall plaintiff’s report of an accident in April, 1980.

6) Tucker testified that on July 23, 1980, he met with Pedescleaux and plaintiff at the Ryder terminal. At that meeting Tucker was allegedly informed by Pedescleaux that plaintiff had been injured in a job related accident in May, 1980. He was told that the accident had been verbally reported to Bishop on the date of its occurrence. Tucker allegedly then told plaintiff that Bishop was not employed by Ryder in May, 1980.

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485 So. 2d 64 (Supreme Court of Louisiana, 1986)

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Bluebook (online)
482 So. 2d 739, 1985 La. App. LEXIS 10508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/honore-v-ryder-truck-lines-inc-lactapp-1985.