Lafrance v. Custom Built Torque Convertors

694 So. 2d 1027, 96 La.App. 5 Cir. 971, 1997 La. App. LEXIS 1212, 1997 WL 206162
CourtLouisiana Court of Appeal
DecidedApril 29, 1997
DocketNo. 96-CA-971
StatusPublished
Cited by1 cases

This text of 694 So. 2d 1027 (Lafrance v. Custom Built Torque Convertors) 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
Lafrance v. Custom Built Torque Convertors, 694 So. 2d 1027, 96 La.App. 5 Cir. 971, 1997 La. App. LEXIS 1212, 1997 WL 206162 (La. Ct. App. 1997).

Opinion

laCANNELLA, Judge.

Plaintiff, William Lafrance, appeals from a judgment dismissing his claim for workers compensation benefits. We affirm.

For five years before the alleged accident, plaintiff delivered torque convertors1 for defendant, Custom Built Torque Convertors, his brother, Joe Lafrance’s company.2 On June 19, 1995, in the course and scope of his employment, plaintiffs vehicle was rear-ended. He contends that the driver of the other car pushed him into the intersection, rocking him back and forth. Plaintiff exited his car and went to speak to the other driver. She did not want the accident reported. Plaintiff wrote her name and license number down. As he went to get back into his car, she drove away. Plaintiff did not |3call the police, but reported it to his insurer, State Farm Insurance Company (State Farm). It was eventually determined that the driver of the other car gave plaintiff a false name. However, her identity was traced by State Farm through the license number. Plaintiff filed suit against the other driver and she denied that any accident took place.

After the incident, plaintiff told various people, including his brother and his sister-in-law, Blondie Lafrance, about the accident. Blondie Lafrance is the secretary and co-owner of Joe Lafrance’s two companies. Plaintiff did not complain about being hurt or being in pain to anyone with whom he spoke, except his wife. According to Blondie and Joe Lafrance, when asked plaintiff denied being injured.

Plaintiff continued with his work duties both that day and for the following two weeks. Those duties included making two or three deliveries per day, which required loading and unloading 10 to 15 converters per day. The converters weigh between 25 and 55 pounds, with the average being 25 to 35 pounds. However, plaintiff did not always handle the converters alone. At times, the other workers either at the shop or at the delivery stops loaded or unloaded the equipment. Plaintiff had other duties when he was not delivering converters. He helped around the shop with general work and cut the grass. Plaintiff was also responsible for feeding the watch dogs on the premises.

On June 30, 1995, plaintiff got into an argument with another worker. Because of his conduct, Joe Lafrance fired him.

On July 5, 1995, plaintiff filed a workers compensation claim. Twenty-one days after the accident, five days after he was fired on July 10, 1995, he first sought medical treatment for pain in his neck and back at ^Leonard Chabert Medical Center, a charity hospital in Houma, Louisiana. He alleged that the neck and back pain was caused by the accident on June 19, 1995. The matter was tried on August 21, 1996 and taken under advisement. On September 17, 1996 the hearing officer rendered judgment that the injury was not caused by the accident and dismissed plaintiffs claim.

On appeal, plaintiff contends that the hearing officer erred in finding that he did not sustain a disabling injury as a result of the accident and in failing to award compensa[1029]*1029tion, medical expenses and penalties and attorney fees for defendant’s arbitrary and capricious failure to pay workers’ compensation benefits.

The evidence shows that plaintiff had no prior neck and back problems during the five years preceding the accident and never missed work. Following the accident, he testified that he did not seek medical attention because he thought that he would be fired and because he could not afford medical treatment. Plaintiff testified that Blondie Lafrance asked him to say that he was not hurt so she could tear up the paperwork. He stated that no one would send him to a doctor. Plaintiff and his wife, Barbara, testified that, when he got home the evening of the accident, he was suffering from pain in his neck and back. Barbara Lafrance said that he used a heating pad every evening after the accident. Plaintiff said he never went to see a doctor because he had no money. However, he admitted that he went to the charity hospital in Houma after he was fired and that his treatment there was free. Additionally, he stated that he did not have money to put gasoline in his car to go to the hospital.

Since he first sought treatment in Houma, plaintiff has seen several |sdoctors. Tests indicated that he has possible herniated discs in his neck and back. Plaintiff asserts that he was told not to work, but is trying to find light work because he has no income. He is currently receiving physical therapy and takes medication. Plaintiff was 55 years old on the date of trial.

Several witnesses testified for the defense. Blondie Lafrance testified that plaintiff reported the accident to the car insurer and that she spoke to the representative on the phone shortly after plaintiff arrived back at the shop following the accident. Blondie Lafrance testified that plaintiff told her that he was not hurt when she was on the phone with State Farm. She stated that it was company policy to send a worker to the doctor if they were injured on the job. She denied instructing him to say that he was not hurt. Blondie Lafrance stated that plaintiff would not have been fired for going to the doctor. In fact, the company has a line of credit with West Jefferson Hospital for on-the-job injuries. She testified that plaintiff continued to work for two weeks and neither looked like he was working in pain nor asked for medical help. He continued to perform all of his duties without complaining that he was in pain.

Joe Lafrance and co-workers, Craig Sierra and David Bourgeois, testified the same. Bourgeois, plaintiff’s supervisor, further testified that when he (Bourgeois) suffered an eye injury, Blondie and Joe Lafrance sent him to the hospital. He said that it was policy to send injured workers to the doctor. This was supported by Sierra, who stated that he knew of other incidents in which the injured employee was sent to the doctor. Bourgeois further said that plaintiff told him about the accident, told him he was not hurt and never asked to see a doctor. He confirmed other testimony that there was no damage to the truck. Both Bourgeois and Sierra testified that | (¡plaintiff did not indicate he was in pain that day or in the two weeks following the accident. In addition, Joe Laf-rance, Sierra and Bourgeois testified that they passed plaintiff’s home on the way to work and on a couple of occasions saw him working on his car and cutting grass with a weed eater.

Jack Lyons was working for Joe Lafrance at the time of trial. He was a customer at the time of the accident and saw plaintiff on a regular basis. Lyons testified that plaintiff told him about the accident. He stated that plaintiff performed his duties as usual, without any indication that he was in pain. He said that plaintiff was normally a little sour and that his attitude did not change after the accident.

Plaintiff was fired on June 30, 1995. On that day, plaintiff became angry with Sierra who was working in the shop and accidentally splashed plaintiff with a few drops of paint. Sierra apologized, but plaintiff lost his temper. He screamed at Sienna and used foul language. Plaintiffs supervisor, Bourgeois, told him to calm down and when plaintiff would not, told him to go home for the day. Plaintiff telephoned his brother at the other shop, telling him that Bourgeois had fired him. His brother came over to mediate [1030]*1030the dispute, but plaintiff was “out of control” and would not calm down. Joe Lafranee then fired plaintiff because of his conduct and language.

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Bluebook (online)
694 So. 2d 1027, 96 La.App. 5 Cir. 971, 1997 La. App. LEXIS 1212, 1997 WL 206162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lafrance-v-custom-built-torque-convertors-lactapp-1997.