Johnson v. T & J Hauling Co.

86 So. 3d 1, 2012 WL 204518, 2012 La. App. LEXIS 52
CourtLouisiana Court of Appeal
DecidedJanuary 25, 2012
DocketNo. 46,853-WCA
StatusPublished
Cited by5 cases

This text of 86 So. 3d 1 (Johnson v. T & J Hauling Co.) 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
Johnson v. T & J Hauling Co., 86 So. 3d 1, 2012 WL 204518, 2012 La. App. LEXIS 52 (La. Ct. App. 2012).

Opinions

GASKINS, J.

|, John Robert Johnson, Jr., the claimant in this workers’ compensation case, appeals from a judgment dismissing his claims. He now asserts that the workers’ compensation judge (WCJ) “overlooked” portions of the medical evidence which supported his claim. The defendants — the employer, T & J Hauling Company, Inc., and the workers’ compensation insurer, Louisiana Construction and Industry Self-Insurer’s Fund — answered the appeal, arguing that the WCJ erred in not finding that the fraud provisions of La. R.S. 23:1208 were applicable due to false statements made by the claimant. We affirm the judgment of the WCJ.

FACTS

The claimant was one of the owners of T & J Hauling Company, Inc.; he also drove for the company. Shortly after noon on February 11, 2009, he was driving an 18-wheeler pulling a trailer when he was allegedly injured in a collision with a pickup truck in Texas. Although his vehicle went into a ditch, the claimant, who was wearing a seat belt, refused treatment at the scene and was not transported to the hospital. That evening, he went to the emergency room (ER); he was diagnosed with a [3]*3strain injury and released to return to work.

The defendants initially paid the claimant indemnity and medical benefits. The claimant, who is a diabetic, has a long and complicated medical history. Some of his medical issues apparently arose from prior accidents, as well as other medical conditions. In December 2008, shortly before the instant auto accident, the claimant’s family doctor, Dr. John Chandler, diagnosed him with carpal tunnel syndrome. Dr. Chandler |2ordered a cervical MRI, which was done on January 22, 2009, and referred him to an orthopedic doctor, Dr. Eubulus Kerr, who first saw him in late January 2009. Dr. Kerr diagnosed the claimant as having cervical radiculopathy. The claimant also had significant peripheral neuropathy which Dr. Kerr attributed to his diabetes. Dr. Kerr recommended a cervical fusion. However, in June 2009, the defendants sent the claimant to see Dr. Robert Holladay, an orthopedic surgeon. He disagreed with the opinion of Dr. Kerr that the claimant needed a cervical fusion.

On January 6, 2010, Dr. Karl Bilder-back, an orthopedic surgeon, performed an independent medical examination (IME) on the claimant. After examining the claimant and reviewing his extensive medical history, the doctor saw no indication for lumbar or cervical surgery or any other invasive procedure, including injections. Dr. Bilderback found no clinical evidence of either cervical or lumbar radiculopathy. The medical history indicated that the claimant had substantial issues before the accident which did not significantly change after the accident. However, Dr. Bilder-back noted what he termed “significant evidence of symptom amplification” by the claimant. The doctor saw no reason to restrict the claimant’s work activity based upon the February 2009 accident. Following Dr. Bilderback’s report, the defendants discontinued the claimant’s benefits.

In January 2010, the claimant filed a disputed claim for compensation with the Office of Workers’ Compensation (OWC). He asserted that he was unable to work due to injuries to his head, shoulder and back; that he had been denied recommended medical treatment; and that the IME by Dr. |aBilderback was inadequate. He indicated that no wage benefits had been paid since January 26, 2010. The claimant filed a first amended disputed claim for compensation in July 2010. Here he asserted that he was entitled to indemnity benefits, all reasonable and necessary medical treatment, penalties and attorney fees. He claimed injury to his head, right shoulder, back and neck.

In January 2011, the claimant — who was then proceeding in proper person — filed a “motion for perjury by statement” against the defendants’ counsel. He apparently alleged that counsel made a false statement in a letter to the claimant pertaining to his MRIs.

In February 2011, the defendants filed an answer urging application of La. R.S. 28:1208 due to false statements made by the claimant for the purpose of obtaining benefits. The defendants asserted that the claimant’s deposition had been taken in January 2011 and that he had made numerous false statements. According to the defendants, the claimant essentially testified that he had only minor health issues before the accident and no previous major accidents and that all of his maladies were attributable to the instant accident. They claimed that this testimony contradicted his medical records in many respects.

The case was tried on March 15, 2011. The claimant’s medical records were admitted into evidence, as was Dr. Holladay’s deposition. The doctor testified that while there might have been some temporary [4]*4exacerbation of some of the claimant’s preexisting conditions (specifically his neck, back and carpal tunnel), there were no permanent injuries as a Rresult of the instant accident. The claimant, who was representing himself, was sworn and, with some guidance from the WCJ, presented his own testimony. He was then cross-examined by the defendants’ counsel. Essentially, the claimant testified that all of his many current ailments were somehow related to the instant accident.

At the conclusion of the claimant’s testimony, the defendants made a motion to dismiss. The WCJ then found that the claimant had failed to carry his burden of proof to establish entitlement to any award. In assigning oral reasons for judgment, the WCJ specifically found that the claimant was not credible.1 Suit was dismissed at the claimant’s cost. The motion for perjury and/or contempt filed by the claimant was also dismissed at the claimant’s cost. Judgment was signed on March 17, 2011.

On March 24, 2011, the claimant filed a motion for new trial. He asserted that the WCJ made “some false ruling” against him on his motion for perjury. The WCJ denied the motion.

The claimant appeals. He contends that the WCJ “overlooked” certain of his medical records.

| ¿LAW

An employee is entitled to workers’ compensation benefits if he received personal injury by accident arising out of and in the course of his employment. La. R.S. 23:1031(A). An “accident” is defined as “an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration.” La. R.S. 23:1021(1). In a workers’ compensation action, the plaintiff must establish the occurrence of a work-related accident by a preponderance of the evidence. Koenig v. Christus Schumpert Health System, 44,244 (La.App.2d Cir.5/13/09), 12 So.3d 1037.

Proof by a preponderance of the evidence is sufficient where the evidence, taken as a whole, shows that the fact sought to be proved is more probable than not. Lowe v. Skyjacker Suspensions, 45,058 (La.App.2d Cir.3/3/10), 32 So.3d 340; Player v. International Paper Company, 39,254 (La.App.2d Cir.1/28/05), 892 So.2d 781. The claimant must establish a causal link between the work-related accident and his injury. Player v. International Paper Company, supra. 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 plaintiff fails to carry the burden of proof. Player v. International Paper Company, supra; Millage v. Builder's Lumber Supply Company,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dow v. Chalmette Restaurant, Ltd.
193 So. 3d 1222 (Louisiana Court of Appeal, 2016)
Sanchez v. Caesar's Entertainment, Inc.
166 So. 3d 1283 (Louisiana Court of Appeal, 2015)
Bradford v. Jury
139 So. 3d 39 (Louisiana Court of Appeal, 2014)
Desadier v. West Frasier, Inc.
122 So. 3d 584 (Louisiana Court of Appeal, 2013)
Brown v. Offshore Energy Service, Inc.
104 So. 3d 494 (Louisiana Court of Appeal, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
86 So. 3d 1, 2012 WL 204518, 2012 La. App. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-t-j-hauling-co-lactapp-2012.