Kevin Goodbeir v. Castille Marble & Granite

• Court: Louisiana Court of Appeal
• Decided: September 29, 2004
• Docket: WCA-0004-0272
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

04-272

KEVIN GOODBEIR

VERSUS

CASTILLE MARBLE & GRANITE

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APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION - DISTRICT 4 PARISH OF LAFAYETTE, NO. 02-07948 SAM LOWERY, WORKERS’ COMPENSATION JUDGE

OSWALD A. DECUIR JUDGE

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billie Colombaro Woodard and Oswald A. Decuir, Judges.

AFFIRMED.

Harry K. Burdette The Glenn Armentor Law Corporation 300 Stewart St. Lafayette, LA 70501 (337) 233-1471 Counsel for Plaintiff/Appellant: Kevin Goodbeir

Debra Talbot Parker Johnson, Stiltner & Rahman P. O. Box 98001 Baton Rouge, LA 70898-8001 (225) 930-0437 Counsel for Defendant/Appellee: Castille Marble & Granite DECUIR, Judge.

In this workers’ compensation case, the claimant appeals from a judgment

denying compensation benefits based on the failure to establish an on-the-job injury.

For the reasons that follow, we affirm.

FACTS

On or about August 22, 2002, Kevin Goodbeir (a/k/a Kevin Thibeaux) was

employed as a laborer for Castille Marble & Granite. On that date, Goodbeir and

three co-workers were unloading an electrical box from a truck. For reasons that are

unclear, the box dropped to the ground. Goodbeir alleges that the box struck him and

knocked him down onto some scrap lumber injuring his neck, shoulder and back.

Goodbeir’s co-employees testified to the box falling but none could confirm

that Goodbeir suffered an injury. Instead they testified that he continued to work

until he was laid off two weeks later. Goodbeir claims that the employer put him on

light-duty during that period, but the employer denies doing so.

After he was laid off, Goodbeir sought unemployment benefits and began

treatment at the Sylvester Chiropractic Clinic for his back. Goodbeir denied that he

had a preexisting back problem but the medical evidence showed a twelve year

history of back problems. Subsequent to retaining counsel, Goodbeir sought

treatment with Dr. Michael Heard. Dr. Heard diagnosed Goodbeir with “subjective

neck pain, low back pain with radiculitis.”

After a hearing, the workers’ compensation judge found that Goodbeir had

failed to establish the existence of a work-related accident and injury and, therefore,

was not entitled to compensation benefits. Goodbeir lodged this appeal, alleging

error on the part of the workers’ compensation judge in denying benefits, denying

penalties and attorney fees, and admitting evidence of misdemeanor convictions and

felony convictions older than ten years. ADMISSION OF PRIOR CONVICTIONS

Goodbeir first contends that the workers’ compensation judge erred in

admitting evidence of his misdemeanor convictions and felony convictions over ten

years old to attack his credibility. Louisiana Code of Evidence Article 609

specifically precludes the admission of the names of such convictions in civil cases

unless the crime “[i]nvolved dishonesty or false statement.” See Smith v.Two R

Drilling Co., Inc. 606 So.2d 804 (La.App. 4 Cir.), writ denied, 607 So.2d 560

(La.1992); Williams v. United Fire and Cas. Co., 594 So.2d 455 (La.App. 1 Cir.

1991). Accordingly, we find the workers’ compensation judge erred in admitting

evidence of these crimes for the purpose of attacking Goodbeir’s credibility.

However, in this case we find the error to be harmless because Goodbeir was

incarcerated for a portion of the period for which he sought benefits. Therefore,

evidence that he had a criminal history was before the court to establish the period for

which he was legally entitled to benefits.

WORK-RELATED INJURY

Goodbeir next contends that the workers’ compensation judge erred in finding

that he failed to establish a work-related injury. We disagree.

The claimant seeking workers’ compensation benefits must prove by a

preponderance of the evidence that she was injured in an accident in the course and

scope of her employment. Burns v. Beauregard Nursing Ctr., 94-131 (La.App. 3 Cir.

10/5/94), 643 So.2d 443. In addition, the claimant must also establish a causal link

between the accident and the subsequent disabling condition. Marks v. 84 Lumber

Co., 00-322 (La.App. 3 Cir. 10/11/00), 771 So.2d 751. If the evidence leaves the

probabilities of causation equally balanced, the claimant has failed to carry her

2 burden of proof. Bernard v. O’Leary Bros. Signs, Inc., 606 So.2d 1331 (La.App. 3

Cir. 1992).

The trial court’s determinations with regard to the credibility of witnesses and

the discharge of the claimant’s burden of proof are factual issues and should not be

disturbed on appeal in the absence of manifest error. Bruno v. Harbert Int’l, Inc., 593

So.2d 357 (La.1992). The workers’ compensation judge’s assessments of the weight

of the medical evidence are not to be disturbed unless clearly wrong. Chambers v.

Louisiana Pacific Mfg., Inc., 97-1188 (La.App. 3 Cir. 4/22/98), 712 So.2d 608.

Furthermore, where there is a conflict in testimony, reasonable evaluations of

credibility and reasonable inferences of fact should not be disturbed unless manifestly

erroneous. Novak v. Texada, Miller, Masterson & Davis Clinic, 514 So.2d 524

(La.App. 3 Cir.), writ denied, 515 So.2d 807 (La.1987).

In this case, everything but the fact that the electrical box fell off the truck is

disputed. In his oral reasons for judgment, the workers’ compensation judge

specifically noted that his determination was based on credibility. After reviewing

the record, we cannot say the findings of the workers’ compensation judge are

manifestly erroneous or clearly wrong. Accordingly, this assignment has no merit.

Having found that Goodbeir did not establish a work-related accident, we need not

address the remaining assignment regarding penalties and attorney fees.

DECREE

For the foregoing reasons, the judgment of the workers’ compensation judge

is affirmed. All costs of these proceedings are taxed to the claimant, Kevin Goodbeir.